(8/15/2014) jamye white - rfb - 2015 cctv inspection ... jamye white... · 2015 closed circuit...

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Table of Contents NOTICE INVITING BIDS ................................ ................................ ................................ .................. 1

BIDDER'S CHECKLIST ............................... ................................ ................................ ..................... 3

SECTION 1.0 ................................................................ ................................ ................... ................. 4

INSTRUCTIONS TO BIDDERS ................................................................ ................................ ........ 4

1.1 REQUEST FOR SEALED BID ................................ ................................ ........................... 4

1.2 INVITATION TO SUBMIT A BID ................................ ................................ ........................ 4

1.3 CONSEQUENCE OF SUBMISSION OF BID ................................................................ ..... 4

1.4 EXAMINATION OF BID MATERIALS ................................ ................................ ................ 4

1.5 INSPECTION OF SITE ................................................................ ................................ ....... 5

1.6 PRE-BID CONFERENCE ................................ ................................ ................................ ... 5

1.7 POSTPONEMENT OF BID OPENING ................................................................ ............... 6

1.8 BID OPENING ................................ ................................ ................................ ............... ..... 6

1.9 PREPARATION OF BID FORMS ................................................................ ....................... 6

1.10 ADDENDA AND INTERPRETATION ................................ ................................ ................. 6

1.11 DISQUALIFICATION ................................ ................................ ................................ .......... 7

1.12 INFORMAL BID REJECTED ................................ ................................ .............................. 7

1.13 ERASURES AND CORRECTIONS ................................................................ .................... 8

1.14 BID IRREGULARITIES ................................ ................................ ................................ ....... 8

1.15 MODIFICATION OF BID ................................ ................................ ................................ .... 8

1.16 WITHDRAWAL OF BIDS ................................................................ ................................ .... 8

1.17 ADDENDA ................................ ................................ ................................ .................. ........ 8

1.18 BID PRICES ................................ ................................ ................................ ....................... 8

1.19 BID GUARANTY ................................ ................................ ................................ ................. 9

1.20 QUALIFICATION OF BIDDER ................................ ................................ ........................... 9

1.21 SUBCONTRACTORS ................................ ................................ ................................ ...... 10

1.22 CONDITION TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED ....................... 10

1.23 BIDDERS INTERESTED IN MORE THAN ONE BID ....................................................... 10

1.24 REJECTION OF BIDS ................................................................ ................................ ...... 11

1.25 CONTRACT AND BONDS ................................ ................................ ............................... 11

1.26 LOCAL BUSINESS PREFERENCE ................................ ................................ ................. 12

1.27 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS ................................ ........ 12

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1.28 PREVAILING WAGES ................................ ................................ ................................ ...... 12

1.29 CONTRACTOR’S SAFETY RESPONSIBILITY ................................ ............................... 12

1.30 LICENSING REQUIREMENTS ................................ ................................ ........................ 12

1.31 INSURANCE REQUIREMENTS ................................ ................................ ...................... 13

1.32 INDEMINIFICATION ................................ ................................ ................................ ......... 15

1.33 APPLICABLE LAW ................................ ................................ ................................ ........... 15

1.34 PROHIBITION OF GIFTS ................................ ................................ ................................ . 15

1.35 METHOD OF PAYMENT ................................ ................................ ................................ .. 16

1.36 TERM ................................ ................................ ................................ ..................... .......... 16

1.37 COMPETITIVE PRICING ................................ ................................ ................................ . 16

1.38 FUNDING ................................ ................................ ................................ .................. ....... 16

1.39 UNCONDITIONAL TERMINATION FOR CONVENIENCE ................................ .............. 16

1.40 AUDITING OF CHARGES & SERVICES ................................................................ ......... 16

1.41 AWARD OF CONTRACT ................................ ................................ ................................ . 17

1.42 EXECUTION OF CONTRACT ................................................................ .......................... 17

1.43 AWARD ................................ ................................ ................................ ................... ........ 17

1.44 CHANGES ................................ ................................ ................................ .................. ...... 18

1.45 OTHER GOVERNMENTAL AGENCIES ................................ ................................ .......... 18

1.46 PRODUCT OWNERSHIP ................................ ................................ ................................ . 18

1.47 CONFIDENTIALITY ................................ ................................ ................................ .......... 18

1.48 PROPOSAL EVALUATION CRITERION ................................ ................................ ......... 18

SECTION 2.0 ................................ ................................ ................................ ................... ............... 19

SPECIAL PROVISIONS ................................ ................................ ................................ .................. 19

2.1 QUALIFICATION OF BIDDERS ................................ ................................ ....................... 19

2.2 SITE VISIT ................................ ................................ ................................ ........................ 19

2.3 CONTINUED USE OF FACILITIES ................................................................ .................. 19

2.4 PROTECTION OF EXISTING FACILITIES ................................................................ ...... 20

2.5 COMPLIANCE WITH OSHA ................................ ................................ ............................ 20

2.6 PAYROLL RECORDS ................................ ................................ ................................ ...... 20

2.7 CONTRACT PERFORMANCE INSPECTIONS ................................ ................................ 20

2.8 SUBMITTALS ................................ ................................ ................................ ................ ... 20

2.9 SCHEDULING ................................ ................................ ................................ .................. 21

2.10 EXISTING UTILITIES ................................ ................................ ................................ ....... 21

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2.11 MONITORING AND CONTROL ................................................................ ....................... 21

2.11.1 Noise Monitoring and Control ................................ ................................ ....................... 22

2.11.2 Odor Monitoring and Control ................................ ................................ ........................ 22

2.12 SITE ACCESS ................................ ................................ ................................ .................. 22

2.13 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS ................................ ... 22

SECTION 3.0 ................................ ................................ ................................ ................... ............... 23

SPECIFICATIONS ................................ ................................ ................................ ................ .......... 23

3.1 DEFINITIONS ................................ ................................ ................................ ................... 23

3.2 DESCRIPTION ................................ ................................ ................................ ................. 23

3.3 QUANTITY OF WORK ................................ ................................ ................................ ..... 23

3.4 WORK SPECIFICATIONS ................................ ................................ ............................... 24

3.4.1 Pre Mobilization ................................ ................................ ................................ ......... 24

3.4.2 Mobilization/Site Preparation ................................ ................................ ..................... 24

3.4.3 Traffic Control ................................ ................................ ................................ ............ 25

3.4.4 Property Access ................................ ................................ ................................ ........ 25

3.4.5 Demobilization ................................ ................................ ................................ ........... 25

3.4.6 Health and Safety ................................................................ ................................ ...... 25

3.4.7 Acceptance of Work ................................ ................................ ................................ .. 25

3.5 WORK AND MATERIALS PROVIDED BY THE CONTRACTOR ................................ ..... 26

3.5.1 OPERATORS ................................ ................................ ................................ ............ 26

3.5.2 EQUIPMENT ................................ ................................ ................................ ............. 26

3.5.3 OBSERVATIONS ................................ ................................ ................................ ...... 27

3.5.4 VIDEO ................................ ................................ ................................ ................... .... 27

3.5.5 PHOTOGRAPHS ................................ ................................ ................................ ...... 30

3.5.6 ADDITIONAL INSPECTION PROCEDURES ................................ ............................ 30

3.6 SPECIAL CONDITIONS ................................ ................................ ................................ ... 30

3.7 EXCESSIVE DEPTH OF FLOW ................................ ................................ ....................... 31

3.8 SUBMITTALS ................................ ................................ ................................ ................ ... 31

3.9 DELIVERABLES ................................ ................................ ................................ ............... 31

3.10 REVIEW ................................ ................................ ................................ ................... ........ 33

3.11 ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR ................................ .......... 33

SECTION 4.0 ................................ ................................ ................................ ................... ............... 34

GENERAL ................................ ................................ ................................ ....................... ................ 34

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4.1 INTENT OF CONTRACT DOCUMENTS ................................ ................................ .......... 34

4.2 DISCREPANCIES AND OMISSIONS ............................... ................................ ................ 34

4.3 HEADINGS ................................ ................................ ................................ .................. ..... 34

4.4 PENALTY FOR COLLUSION ................................ ................................ ........................... 34

4.5 SUCCESSORS AND ASSIGNS ................................ ................................ ....................... 35

4.6 ASSIGNMENT TO CITY ................................ ................................ ................................ ... 35

4.7 RIGHTS AND REMEDIES ................................ ................................ ................................ 35

SECTION 5.0 ................................ ................................ ................................ ................... ............... 36

ADMINISTRATION ................................ ................................ ................................ ......................... 36

5.1 ADMINISTRATION OF THE CONTRACT ................................ ................................ ........ 36

5.2 CITY’S REPRESENTATIVE ................................ ................................ ............................. 36

5.2.1 General ................................ ................................ ................................ ...................... 36

5.2.2 Change Orders ................................ ................................ ................................ .......... 36

5.2.3 Progress Payments ................................ ................................ ................................ ... 36

5.2.4 Contract Performance Decisions ................................ ................................ ............... 36

5.2.5 Acceptability of Work ................................ ................................ ................................ . 36

5.3 PROJECT MANAGER ................................ ................................ ................................ ...... 36

5.3.1 General ................................ ................................ ................................ ...................... 36

5.3.2 Representative ................................ ................................ ................................ .......... 37

5.3.3 Inspection of Construction ................................ ................................ ......................... 37

5.3.4 Acceptability of the Work ................................ ................................ ........................... 37

5.3.5 Change Orders ................................ ................................ ................................ .......... 38

5.3.6 Construction Schedule ................................ ................................ .............................. 38

5.3.7 Progress Payments ................................ ................................ ................................ ... 38

5.3.8 Final Payment ................................ ................................ ................................ ........... 38

5.3.9 Early Possession ................................ ................................ ................................ ....... 38

SECTION 6.0 ................................ ................................ ................................ ................... ............... 39

CITY ................................ ................................ ................................ .......................... ...................... 39

6.1 GENERAL ................................ ................................ ................................ ................... ..... 39

6.2 ATTENTION TO WORK ................................ ................................ ................................ .... 39

6.3 INSPECTION ................................ ................................ ................................ .................... 39

6.4 CITY’S RIGHT TO CARRY OUT WORK ................................ ................................ .......... 39

6.5 CITY’S RIGHT TO USE OR OCCUPY ................................ ................................ ............. 40

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6.6 CITY’S RIGHTS TO PERFORM WORK AND AWARD SEPARATE CONTRACTS .......... 40

SECTION 7.0 ................................ ................................ ................................ ................... ............... 41

CONTRACTOR ................................ ................................ ................................ ............................... 41

7.1 OFFICE ................................ ................................ ................................ .................... ........ 41

7.2 CONTRACTOR’S REPRESENTATIVE ................................ ................................ ............ 41

7.3 CONSTRUCTION PROCEDURES ................................ ................................ ................... 41

7.4 CONTRACTOR’S EMPLOYEES ................................ ................................ ...................... 41

7.5 SUBCONTRACTORS ................................ ................................ ................................ ...... 42

7.6 CONTRACTOR’S EQUIPMENT AND FACILITIES ................................ ........................... 42

7.7 PUBLIC SAFETY AND CONVENIENCE ................................ ................................ .......... 42

7.8 CITY-CONTRACTOR COORDINATION ................................ ................................ ........... 42

7.8.1 Service of Notice ................................ ................................ ................................ ....... 42

7.8.2 Suggestions to Contractor ................................ ................................ ......................... 43

7.8.3 Cooperation ................................ ................................ ................................ ............... 43

7.9 PERMITS ................................ ................................ ................................ .......................... 43

7.10 CONTRACTOR’S RESPONSIBILITIES FOR THE WORK AND MATERIALS ................. 44

7.11 LAWS TO BE OBSERVED ................................ ................................ ............................... 44

7.11.1 Prevailing Wage ................................ ................................ ................................ ........... 45

7.11.2 Travel and Subsistence Payments ................................ ................................ ............... 45

7.11.3 Certified Payrolls ................................ ................................ ................................ .......... 45

7.11.4 Overtime Requirements ................................................................ ............................... 46

7.11.5 Apprentice and Trainee ................................ ................................ ................................ 46

7.11.6 Workers' Compensation Insurance ................................................................ .............. 47

7.11.7 Labor Discrimination ................................ ................................ ................................ .... 47

7.11.8 Vehicle Code ................................ ................................ ................................ ................ 47

7.12 SAFETY ................................ ................................ ................................ ............................ 47

7.12.1 Contractor's Safety Responsibility ................................ ................................ ................ 47

7.12.2 Safety Program ................................................................ ................................ ............ 48

7.12.3 Safety Supervisor ................................ ................................ ................................ ......... 49

7.12.4 Safety Coordination Meetings ................................ ................................ ...................... 50

7.12.5 Safety and Protection ................................ ................................ ................................ ... 50

7.12.6 Safety Emergencies ................................ ................................ ................................ ..... 50

7.12.7 Safety Violations ................................................................ ................................ .......... 51

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7.12.8 Equipment Safety Provisions ................................................................ ....................... 51

SECTION 8.0 ................................ ................................ ................................ ................... ............... 52

CONTROL OF WORK AND MATERIALS ................................................................ ....................... 52

8.1 MEANS AND METHODS......................... ................................ ................................ ......... 52

8.2 CITY FURNISHED MATERIALS ................................ ................................ ....................... 52

8.3 DEFECTIVE AND UNAUTHORIZED WORK ................................ ................................ .... 53

SECTION 9.0 ................................ ................................ ................................ ................... ............... 54

PROGRESS OF THE WORK ................................ ................................ ................................ .......... 54

9.2 TIME OF COMPLETION ................................ ................................ ................................ .. 54

9.3 DELAYS ................................ ................................ ................................ .................... ........ 54

9.3.1 Notice of Delays ................................ ................................ ................................ ........ 54

9.3.2 Non-excusable Delays ................................ ................................ ............................... 54

9.3.3 Excusable Delays ................................ ................................ ................................ ...... 54

9.3.4 Compensable Delays ................................ ................................ ................................ 55

9.3.5 Concurrent Delays ................................ ................................ ................................ ..... 55

9.4 TIME EXTENSIONS ................................ ................................ ................................ ......... 55

9.4.1 Non-excusable Delays ................................ ................................ ............................... 55

9.4.2 Excusable or Compensable Delays ................................ ................................ ........... 56

9.4.3 Indirect Overhead ................................ ................................ ................................ ...... 56

9.5 LIQUIDATED DAMAGES ................................ ................................ ................................ . 57

9.6 TEMPORARY SUSPENSION OF WORK ................................ ................................ ......... 57

9.7 TERMINATION OF CONTRACT ................................ ................................ ...................... 58

SECTION 10.0 ................................ ................................ ................................ .................. .............. 60

SCOPE OF WORK - CHANGES IN THE WORK ................................................................ ............ 60

10.1 CHANGES ................................ ................................ ................................ .................. ...... 60

10.1.1 Procedure and Protest ................................ ................................ ................................ . 61

10.1.2 Changes in Character of Work ................................................................ ..................... 61

10.1.3 Extra Work ................................................................ ................................ ................... 62

10.2 CHANGE ORDERS ................................ ................................ ................................ ............ 62

10.2.1 ................................ ................................ ................................ ........................ ............... 62

10.2.2 ................................ ................................ ................................ ........................ ............... 62

10.3 DIFFERING SITE CONDITIONS ................................ ................................ ........................... 63

10.4 RESOLUTION OF DISPUTES ................................ ................................ .............................. 63

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10.4.1 Contract Interpretation by the Project Manager ................................ ........................... 63

10.4.2 Potential Claims/Change Orders ................................ ................................ .................. 64

SECTION 11.0 ................................ ................................ ................................ .................. .............. 66

PAYMENT ................................ ................................ ................................ ....................... ................ 66

11.1 SCOPE OF PAYMENT ................................ ................................ ................................ ........ 66

11.1.1 General ................................................................ ................................ ................ ........ 66

11.1.2 Payment for Patents and Patent Infringement ................................ ............................. 66

11.1.3 Payment of Taxes ................................................................ ................................ ........ 66

11.1.4 Payment for Labor and Materials ................................................................ ................. 66

11.2 PARTIAL PAYMENTS ................................ ................................ ................................ ...... 67

11.3 RIGHT TO WITHHOLD AMOUNTS ................................ ................................ ................. 68

11.3.1 Retention ................................ ................................ ................................ .............. ........ 68

11.3.2 Other Withholds ................................................................ ................................ ........... 68

11.4 SUBSTANTIAL COMPLETION ................................ ................................ ........................ 69

11.5 FINAL INSPECTION AND PAYMENT ................................ ................................ ............. 69

11.6 WARRANTY OF TITLE ................................ ................................ ................................ .... 70

SECTION 12. ................................................................ ................................ ................... ............... 71

EXISTING UTILITIES ................................ ................................ ................................ ..................... 71

12.1 GENERAL ................................ ................................ ................................ .................. ...... 71

12.2 NOTIFICATION AND LOCATION ................................ ................................ .................... 71

12.3 DAMAGE AND PROTECTION ................................................................ ......................... 71

12.4 UTILITY RELOCATION AND REARRANGEMENT ................................ ......................... 71

SECTION 13. ................................ ................................ ................................ ................... ............... 73

SUPPLEMENTARY CONDITIONS ................................ ................................ ................................ . 73

13.1 LOCAL EMPLOYMENT ................................ ................................ ................................ .... 73

13.2 GOOD FAITH EFFORT ................................................................ ................................ .... 73

13.3 REQUIRED DOCUMENTATION ................................ ................................ ...................... 74

13.4 FORMS SUBMITTED UNDER PENALTY OF PERJURY. ............................................... 75

13.5 IRRESPONSIBLE BIDDER DECLARATION. ................................ ................................ .. 75

13.6 BINDING ON SUBCONTRACTORS. ................................................................ ............... 75

13.7 DEFINITIONS. ................................ ................................ ................................ .................. 75

13.8 CONTRACTS - SUBCONTRACTS ................................ ................................ .................. 76

SECTION 14.0 ................................ ................................ ................................ .................. .............. 77

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SUMMARY OF WORK ................................................................ ................................ .................... 77

14.1 WORK COVERED BY CONTRACT DOCUMENTS ......................................................... 77

14.2 CONTRACT ADMINISTRATION ................................ ................................ ...................... 77

14.2.1 Name of Project Manager ................................ ................................ ............................ 77

14.2.2 Name of City's Representative ................................................................ ..................... 77

14.2.3 Engineer ................................ ................................ ................................ ............... ..... 77

14.3 TIME ALLOWED FOR COMPLETION ................................................................ ............. 77

14.4 DAMAGES FOR DELAYS ................................ ................................ ................................ 77

14.5 WEATHER DAYS ................................ ................................ ................................ ............. 78

14.6 WORK UNDER OTHER CONTRACTS ................................................................ ............ 78

14.7 CONTRACTOR'S WORK PERCENTAGE ................................ ................................ ....... 78

14.8 UNDERGROUND FACILITIES ................................ ................................ ......................... 78

14.9 LEGAL AND CITY HOLIDAYS ................................................................ ......................... 78

REFERENCE ................................ ................................ ................................ ..................... ............. 79

BID TO BE SUBMITTED ............................................................... ................................ ..................... I

BIDDER’S AGREEMENT ............................................................... ................................ .................. V

NON-COLLUSION AFFIDAVIT................................ ................................ ................................ ........ VI

CERTIFICATION OF BIDDER’S EXPERIE NCE AND QUALIFICATIONS .................................... VII

SAMPLE CONTRACT ................................ ................................ ................................ .................... IX

BOND FOR FAITHFUL PERFORMANCE ............................... ................................ ...................... XII

BOND FOR LABOR AND MATERIAL ................................................................ ........................... XIII

EXAMPLE 1 .............................. ................................ ................................ ....................... ............. XVI

EXAMPLE 2 .............................. ................................ ................................ ....................... ............. XIX

SUMMARY TABLE EXAMPLE ................................ ................................ ................................ .... XX

OBSERVATION TABLE EXAMPLE ................................................................ ............................. XXI

PLOT REPORT EXAMPLE ............................... ................................ ................................ ........ XXIII

LOCAL EMPLOYMENT ORDINANCE COMPLIANCE DOCMENTATION ................................ .. XXV

GENERAL INFORMATION ............................... ................................ ................................ .......... XXVI

SUMMARY SHEET FOR LOCAL RESIDENT PARTICIPATION ................................ .............. XXVII

SUMMARY SHEET FOR APPRENTICESHIP REQUIREMENT .............................................. XXVIII

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE ........................................ XXIX

GOOD FAITH EFFORT DOCUMENTATION ................................ ................................ ............... XXX

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NOTICE INVITING BIDS

2015 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION SERVICES OF SANITARY PIPELINES

NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California to provide all labor, materials, equipment, and perform all work necessary for closed circuit television (CCTV) inspection services of underground pipelines for the City’s Municipal Utilities Department in accordance with all specifications for Project Number M15006. These services would be supplied under a Contract with the City’s Municipal Utilities Department.

The City of Stockton’s Municipal Utilities Department is requesting sealed bids from qualified firms for the purchase of the following services:

To perform Closed Circuit Television (CCTV) inspection of sanitary pipelines to fulfill the City of Stockton’s Municipal Utilities Department’s responsibilities under the Consent Decree adopted through Council Resolution Number 09-0248.

The bid specifications and forms can be obtained from the City of Stockton’s website at http://www.stocktongov.com/bidfl ash/main and must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California, up to but not later than 2:00 p.m., on Thursday, September 18, 2014.

A non-mandatory pre-bid conference will be held at 10:00 A.M. on Wednesday, August 27, 2014 at the City of Stockton, Department of Municipal Utilities, Regional Wastewater Control Facilities (RWCF), 2500 Navy Drive, Stockton, California 95206.

As prescribed in the specifications for this project, a bid guaranty in an amount not less than ten percent [10%] of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fails to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance.

Each bid shall also be accompanied by the Non-Collusion Affidavit, and all of the other required documents and information furnished in the official bidding documents. Each bid shall be enclosed in a sealed envelope clearly marked "BID" and shall indicate the project name, project number, bid opening date, and contractor's name and address.

Bidders and the public are invited to be present at the public opening and declaration of said bids. Official bid documents received after the designated time will not be accepted. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids. The project contract shall be effective from the date of the Notice to Proc eed through a period of twelve (12) months. The City, in whole or part, may terminate this contract whenever it is determined to be in the best interest of the City. Any such termination shall be in writing to the Vendor.

All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California. Contractor must be certified by NASSCO PACP and all inspections must be performed by a certified NASSCO PACP trained operator. The successful Contractor shall obtain a City of Stockton business license prior to contract execution and retain the license through the duration of the project.

The general prevailing rate of wages for each craft or type of worker or mechanic needed to perform the contract is on file with the City of Stockton. Bidders are hereby notified that the successful bidder and any subcontractor under that contract shall pay prevailing wage rates in performing the contract.

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Pursuant to Stockton Municipal Code Section 3.68.090 preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. Pursuant to Stockton Municipal Code Section 3.68.095 the contractor and all subcontractors shall make a good faith effort to employ at least 50% of the workforc e on this project from local residents, as measured by total labor work hours. Failure of any contractor or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. Contractors and subcontractors shall maintain records necessary for monitoring their compliance with Section 3.68.095.

A contract will be awarded to the lowest responsible bidder as defined in the Stockton Municipal Code; provided; however, the City Council reserves the right to reject any and all bids and to re- advertise for bids or to provide for the work to be done by the City of Stockton's internal work force.

The successful bidder shall be required to furnish a Labor and Materials Bond and a Faithful Performance Bond, each in the sum of one hundred percent (100%) of the contract bid price. Said bonds shall be furnished by a company authorized to issue surety bonds in the State of California, on official forms furnished by the City, and said bonds shall be executed by the surety and contractor before or concurrently with the signing of the contract.

For additional information, please contact as follow:

Lorin Gardner (209) 937-5428

e-mail: [email protected]

Dated: August 15, 2014

BONNIE PAIGE, CMC CITY CLERK, CITY OF STOCKTON

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BIDDER'S CHECKLIST

CITY OF STOCKTON

Did You: * Complete and sign the "Bid to be Submitted" (Appendix I - II). * Sign the "Bidder’s Agreement" (Appendix III) * Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All-Purpose

Acknowledgment" form will not be sufficient (Appendix IV). * Complete and sign the “Certification of Bidder’s Experience and Qualifications (Appendix V - VI)

* Recheck your math on each item extension and total column. Do not superimpose numerals

on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid.

* Include your 10% bidder’s security, bidder’s bond, certified or cashier’s check.

* Review all clarifications/questions/answers on the City’s website at

http://www.stocktongov.com/bidfl ash/main

* Include with bid, name and e-mail address for City contact. * Submit TWO (2) ORIGINALS of bid documents. Additionally, submit one (1) CD with an

electronic version of all bid documents. * Deliver sealed bid to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street,

Stockton, CA 95202, before Thursday, September 18, 2014, at 2:00 p.m . Sealed bid shall be marked "Bid" and indicate project name, number, and bid opening date (see notation below). Please note that some overnight delivery services do not deliver directly to the City Clerk's Office. This could result in the bid arriving in the City Clerk's Office after the bid opening deadline and therefore not being accepted. NOTE: The Stockton City Clerk’s office is closed from 12 noon to 1 p.m. for lunch.

A) 2015 CCTV Inspection Services of Sanitary Pipelines B) Project Number (M15006) C) September 18, 2014

CONTACT INFORMATION: Information on Technical Data, Bid Process/Clarification

Municipal Utilities Department Lorin Gardner, Engineering Services Manager (209) 937-5428 e-mail: [email protected]

*If not completed as required, your proposal may be voided. *DISCLAIMER : The City does not assume any liability or responsibility for errors/omissions in any

document transmitted electronically. *THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE

SUBMITTED WITH YOUR PROPOSAL.

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Request for Competitive Bid Project Number M15006

City of Stockton, Municipal Utilities Department 2015 CCTV Inspection Services of Sanitary Pipelines

SECTION 1.0 INSTRUCTIONS TO BIDDERS

1.1 REQUEST FOR SEALED BID

The City of Stockton’s Municipal Utility Department is requesting sealed proposals from qualified firms for the purchase of the following services:

To perform closed circuit television (CCTV) inspection services of sanitary pipelines to fulfill the City of Stockton’s Municipal Utilities Department’s responsibilities under the consent decree adopted through Council Resolution Number 09-0248.

1.2 INVITATION TO SUBMIT A BID

Bids shall be submitted no later than 2:00 p.m., on Thursday, September 18, 2014 , in the office of:

CITY CLERK

CITY OF STOCKTON 425 NORTH EL DORADO STREET

STOCKTON, CA 95202-1997

The bid(s) should be firmly sealed in an envelope which shall be clearly marked on the outside, “2015 CCTV Inspection Services of Sanitary Pipelines” for the City of Stockton (M15006), September 18, 2014. Additionally, submit two (2) copies and one (1) CD with an electronic version of all bid documents. Proposals not submitted on the bid form shall be rejected. Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.

1.3 CONSEQUENCE OF SUBMISSION OF BID

A. The City shall not be obligated to respond to any bid submitted nor be legally bound in

any manner by the submission of a bid.

B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.

C. A contract shall not be binding or valid against the City unless or until it is executed by

the City and the bidder.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

1.4 EXAMINATION OF BID MATERIALS

The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its

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submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only. The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

1.5 INSPECTION OF SITE

Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid.

Submission of a bid by the bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of:

a. The site of the work.

b. Access to the site.

c. All other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract.

d. The conditions to be encountered.

e. The character, quality and scope of the proposed work.

f. The quality and quantity of the materials to be furnished.

g. The requirements of the bid, the plans, the specifications, and the other Contract

Documents.

The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder.

1.6 PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held at 10:00 A.M. on Wednesday, August 27, 2014 at the City of Stockton, Department of Municipal Utilities, Regional Wastewater Control Facilities (RWCF), 2500 Navy Drive, Stockton, California 95206.

The pre-bid conference is held to answer questions bidders may have, provide bidders with access to the site, discuss important contract considerations, and provide any clarifications that may have come to the City’s attention.

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1.7 POSTPONEMENT OF BID OPENING

The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice Inviting Bids. Postponement notices shall posted on the City’s bid flash website in the form of addenda.

1.8 BID OPENING

All bids except those which do not contain a bid security, irrespective of any other irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Notice Inviting Bids. Bidders, their representatives and other interested persons may be present at the opening and reading of bids.

Any bids received after the time for receiving and opening bids as set forth in the Notice Inviting Bids or as postponed by addenda will be considered non-responsive and will not be opened. Any such bids will be returned unopened to the Bidder.

The public reading of each bid will include at least the following:

a. Name of bidder

b. The total amount of bid

c. The nature and amount of the security furnished with the bid

1.9 PREPARATION OF BID FORMS

Bids shall be submitted on the official bid documents and must be submitted at the time and place stated in the Notice Inviting Bids. All blanks in the bid forms must be appropriately filled in, typed, and all prices must be stated in figures. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, the date of the bid opening, and the name and project number of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall type their names on each bid form at the space provided.

1.10 ADDENDA AND INTERPRETATION

The CITY will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the CITY or its representatives. Any request for clarifications, questions or answers of a bid shall be made in writing by e-mail and deliverable to:

CITY OF STOCKTON ATTN: Lorin Gardner

MUNICIPAL UTILITIES DEPARTMENT 2500 NAVY DRIVE

STOCKTON, CA 95206 Email: [email protected]

Such request for clarification shall be deliver ed to the City by Wednesday, September 3, 2014.

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Any City response to a request for clarifications, questions or answers will be posted on the City’s website at http://www.stockton gov.com/bidflash/main by Tuesday, September 9, 2014, and will become a part of the bid. The bidder should await responses to inquiries prior to submitting a bid.

Projected Timeline

The following projected timeline should be used as a working guide for planning purposes. CITY reserves the right to adjust this timetable as required during the course of the bid process.

Event Date Invitation to Bid Issued August 16, 2014

Pre-Bid Conference August 27, 2014

Deadline to Submit RFIs and Clarifications to City

September 3, 2014

Addenda Issued Posts on City’s website September 9, 2014 Bids Due September 18, 2014

Award of Contract November 2014 (tentative)

1.11 DISQUALIFICATION

Any of the following may be considered cause to disqualify a bidder without further consideration:

A. Evidence of collusion among bidders;

B. Any attempt to improperly influence any member of the evaluation panel;

C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered non-responsive.

D. A bidder's default in any operation of a contract which resulted in termination of that

contract; and/or

E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.

1.12 INFORMAL BID REJECTED

A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:

A. Any of the bid forms are left blank or are materially altered

B. Any document or item necessary for the proper evaluation of the bid is incomplete,

improperly executed, indefinite, ambiguous, or missing.

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1.13 ERASURES AND CORRECTIONS

The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initial or initials of the person or persons submitting the bid.

1.14 BID IRREGULARITIES

Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered.

1.15 MODIFICATION OF BID

On written request filed with the City, a bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the bidder or its authorized representative. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission of bids. No bid may be withdrawn after the time established for receiving bids except as provided in Paragraph 1.16, WITHDRAWAL OF BIDS.

1.16 WITHDRAWAL OF BIDS

In accordance with the Stockton Municipal Code, withdrawal of bids is not allowed after the time noticed for the opening of bids. In case of a materially significant error, a bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Contract Documents. At the City's sole discretion, the bid may be deemed non- responsive due to the materially significant error.

1.17 ADDENDA

The Director of Municipal Utilities has the authority to issue any and all Addenda prior to the bid opening date. Addenda issued during the time of bidding shall become a part of the documents furnished to bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge shall result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions.

1.18 BID PRICES

Bid prices shall include, whether additive or deductive, everything necessary for the completion of the work, including but not limited to, providing the materials, equipment, tools, fabrication, delivery, installation, plant and other facilities, and the management, superintendence, labor, overhead, profit, and services. Bid prices shall include all taxes. The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or

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in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefore, and all costs in connection therewith shall be included in the total amount of the Contract price. Neither a tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the contract. Quote prices for the exact amount for all work required to complete the respective item as described and shown in the Contract Documents.

For unit price bid items, if the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid.

By submitting a bid, Contractor agrees to hold the same unit price for any 20% increase or decrease in bid quantities.

1.19 BID GUARANTY

The bid form shall be accompanied by a bid guaranty bond provided by a surety company licensed and authorized to carry on business in the State of California, by a certified or cashier's check, payable to the City, in the sum of at least ten (10) percent of the total amount of the base bid price, plus additives, if any. The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidences of insurance; and to enter into, execute, and deliver to the City the Agreement on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution.

The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid guarantees of all bidders, except the three lowest responsive bids, will be returned within thirty (30) calendar days after the bids are opened.

1.20 QUALIFICATION OF BIDDER

Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract.

The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents.

City Employees and Design Engineers May Not Bid on Construction Contracts. No employee of the City shall be eligible to submit a proposal for, nor to subcontract for any portion of, nor to supply any materials for any contract administered by the City.

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No engineering or architectural firm which has provided design services for a project shall be eligible to submit a proposal for the contract neither to construct the project nor to subcontract for any portion of the work. The ineligible firms include the prime contractor for design, subcontractors of portions of the design, except for surveyors and geotechnical subcontractors and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise.

1.21 SUBCONTRACTORS

In accordance with California Public Contract Code Section 4100, et. seq., each bid shall have listed in the official bid documents, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid.

Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. All work, in excess of one-half of one percent of the bidder's total bid, for which a subcontractor is not listed in the official bid documents, shall be performed by the Contractor's own organization.

When a portion of an item is sub-contracted, the value of work subcontracted will be based on the estimated percentage of the contract item bid price, determined from information submitted by the Contractor, subject to approval by the City.

1.22 CONDITION TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED

A. The bidder assumes full responsibility, including insurance and bonding requirements,

for the quality and quantity of all work performed.

B. If bidder’s supplier(s) and/or subcontractor’s involvement requires the use of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a bid.

1.23 BIDDERS INTERESTED IN MORE THAN ONE BID

No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may; however, submit sub proposals or quote prices on materials to more than one bidder.

Bidders shall execute and furnish with their bids, the NON-COLLUSION AFFIDAVIT furnished in the official bid documents. Reasonable grounds to believe that any individual, partnership, corporation, or combination is interested in more than one bid for the proposed work may

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cause rejection of all bids in which that individual, partnership, corporation, or combination is interested.

1.24 REJECTION OF BIDS

The City reserves the right to reject any and all bids and further reserves the right to reject any bids which are non-responsive, incomplete, obscure, or irregular; any bids which omit a bid on any one or more items on which the bids are required; any bids in which unit prices are unbalanced in the opinion of the City; any bids accompanied by insufficient or irregular bid guaranty; any bids from bidders who have previously failed to perform properly or to complete on time Contracts of any nature; and any bidder who fails to provide satisfactory documentation of its qualifications as required by Section 1.20, QUALIFICATION OF BIDDER. The City reserves the right to waive irregularities.

1.25 CONTRACT AND BONDS

The successful bidder will be required to furnish, in duplicate counterpart, a Labor and Material Bond on forms provided by the City, in an amount equal to one-hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one-hundred (100%) of the Contract Price, and evidences of insurance. Said insurance and bonds shall be secured from a surety company satisfactory to the City.

The form of contract, and the forms of bonds, as provided in Appendix VII - XII, which the successful bidder as Contractor will be required to execute and furnish shall be carefully examined by the bidder. The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Labor and Material Bond is to secure the payment of those to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the work.

The Faithful Performance Bond will be retained by the City of Stockton for twelve (12) months following final acceptance by the City of the improvements to guarantee correction of failure attributable to workmanship and materials. Upon said final acceptance by the City, the amount of the Faithful Performance Bond may be reduced to twenty percent (20%) of the actual improvement construction costs, at the sole discretion of the City.

The bonds required of the Contractor shall be furnished by a company authorized to do a surety business in the State of California: said bonds shall be executed by the surety and Contractor before or concurrently with the sign ing of the contract. The form of said bonds must be approved by the City Attorney and the surety of sureties must be approved by the City Finance Director.

All alterations, extensions of time, extra or additional work and other changes authorized by these specifications, or any part of the contract may be made without securing the consent of the surety on the contract bonds.

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1.26 LOCAL BUSINESS PREFERENCE

Stockton Municipal Code Section 3.68.090 reads as follows:

Pursuant to Stockton Municipal Code Section 3.68.090 preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City.

1.27 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS

Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50% of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcont ract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with Section 3.68.095.

1.28 PREVAILING WAGES

Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. Copies of these wage determinations are on file with the City. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreW ageDetermination.htm .

Successful bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work.

1.29 CONTRACTOR’S SAFETY RESPONSIBILITY

The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.

1.30 LICENSING REQUIREMENTS

Any professional certifications or licenses that may be required by Federal, State and local laws, regulations and ordinances will be the sole cost and responsibility of the successful bidder.

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A City of Stockton Business license is required for this project pursuant to City Charter Section 5.04.040 “License Required.” Please contact the City of Stockton Business License Division at (209) 937-8313.

1.31 INSURANCE REQUIREMENTS

CONTRACTOR shall procure and maintain for the duration of the Agreement, insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, volunteers, or employees.

1. INSURANCE Throughout the life of this Contract, the Contractor shall pay for and maintain in full force and effect with an insurance company admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A: VII” in Best Insurance Key Rating Guide, the following policies of insurance:

A. COMMERCIAL (BUSINESS) AUTOMOBILE LIABILITY insurance, endorsed for “any auto” with combined single limits of liability of not less than $1,000,000 each occurrence.

B. WORKERS’ COMPENSATION insurance as required under the California Labor Code and Employers Liability Insurance with limits not less than $1,000,000 per accident/injury/disease.

C. COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY AND MISCELLANEOUS SUPPLEMENTARY INSURANCE;

FOR ADDITIONAL REQUIREMENT(S):

(a) COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY insurance which shall include Contractual Liability, Products and Completed Operations coverage’s, Bodily Injury and Property Damage Liability insurance with combined single limits of not less than $2,000,000 per occurrence, and $4,000,000 Aggregate limit. Contractors with excavation and underground risks shall have coverage for and exclusions removed for “x, c, and u.”

Deductibles and Self-Insured Retentions must be declared and are subject to approval by the CITY.

The Policy(s) shall also provide the following:

1 The Commercial General Liability insurance shall be written on ISO approved occurrence form with additional insured endorsement naming: City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are additional insureds . ISO form CG 20 37 10 01 edition shall be used as the Additional Insured Endorsement. This form must be used with either ISO form CG 20 10 10 01, or CG 20 33 10 01.

2. All insurance required by this Agreement shall be with a company acceptable to the CITY

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and issued and executed by an admitted insurer authorized to transact insurance business in the State of California. Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of three years following the date CONTRACTOR completes its performance of services under this Agreement.

3. For any claims related to services or produc ts provided under this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City of Stockton its officers, agents, and employees. Any coverage maintained by the CITY shall be excess of the Contractor’s insurance and shall not contribute with it. Policy shall waive right of recovery (waiver of subrogation) against the CITY.

4. Each insurance policy required by this clause shall have a provision that coverage shall not be cancelled by either party, except after thirty (30) days’ prior to written notice by certified mail, return receipt requested, has been given to the CITY. Further, the thirty (30) day notice shall be unrestricted, except for workers’ compensation, or non-payment of premium, which shall permit ten (10) days advance notice. The insurer and/or the contractor and/or the contractor's insurance agent shall provide the CITY with notification of any cancellation, major change, modification or reduction in coverage.

5. Regardless of these contract minimum insurance requirements, the Contractor and its insurer shall agree to commit the Contractor’s full policy limits and these minimum requirements shall not restrict the Contractor’s liability or coverage limit obligations.

6. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

7. The Company shall furnish the City of Stockton with the Certificates and Endorsement for all required insurance, prior to the CITY’s execution of the Agreement and start of work.

8. Proper address for mailing certificates, endorsements and notices shall be: City of Stockton Attention: Risk Services 425 N. El Dorado Street Stockton, CA 95202

9. Upon notification of receipt by the CITY of a Notice of Cancellation, major change, modification, or reduction in coverage, the Contractor shall immediately file with the CITY a certified copy of the required new or renewal policy and certificates for such policy.

Any variation from the above contract requirements shall only be considered by and be

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subject to approval by the CITY’s Risk Manager (209) 937-8617. Our fax is (209) 937-8558.

If at any time during the life of the Contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract.

If the Contractor should subcontract all or any portion of the work to be performed in this contract, the Contractor shall cover the sub-contractor, and/or require each sub-contractor to adhere to all subparagraphs of these Insurance Requirements section. Similarly, any cancellation, lapse, reduction or change of sub-contractor’s insurance shall have the same impact as described above.

1.32 INDEMINIFICATION

Contractor agrees to indemnify, save, hold harmless, and at City's request, defend the City, its officers, agents, and employees from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to the City in connection with the performance, or failure to perform, by Contractor, its officers, agents, sub-contractors, employees, or anyone directly or i ndirectly employed by any of them, or anyone for whose acts any of them may be liable under this Agreement, and from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.

If the Contractor should sub-contract all or any portion of the work to be performed under this agreement, the Contractor shall require each sub-contractor to indemnify, hold harmless and defend the City of Stockton, it’s Mayor, Council, officers, officials, employees, volunteers or agents in accordance with the terms of the preceding paragraph.

1.33 APPLICABLE LAW

This agreement shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, county of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

1.34 PROHIBITION OF GIFTS

The bidder shall be subject to the City’s prohibition against acceptance of any gift by a City officer or designated employee. Said prohibition is found in the City of Stockton’s Charter.

Bidder agrees not to offer any City officer or designated employee any gift prohibited by said Charter.

The offer or giving of any gift prohibited by the City Charter shall constitute a material breach

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of the contract by the operator. In addition to other remedies the City may have by law or equity, the City may terminate the contract for such breach.

1.35 METHOD OF PAYMENT

Payment will be made within thirty (30) days after invoices and deliverables are received and accepted by the City Manager. Invoices are to be rendered monthly and must include the purchase order number. All invoices without purchase order number will be rejected. VENDOR SHALL NOT ACCEPT AN ORDER WITHOUT A PURCHASE ORDER NUMBER. All work and deliverables from the previous month shall be submitted by the 10th of the following month to be considered for payment.

1.36 TERM

The project contract shall be effective from the date on the Notice to Proceed for twelve (12) months. The City, in whole or part, may terminat e this contract whenever it is determined to be in the best interest of the City. Any such termination shall be in writing to the Vendor.

1.37 COMPETITIVE PRICING

Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bi dder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify City of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

1.38 FUNDING

Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.

1.39 UNCONDITIONAL TERMINATION FOR CONVENIENCE

The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.

1.40 AUDITING OF CHARGES & SERVICES

The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contrac t. Upon request, the bidder agrees to furnish the City with necessary information and assistance.

Items may be tested for compliance with specifications by appropriate testing laboratories.

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The data derived from any tests for compliance with specifications are public records. Items delivered not conforming to specifications may be rejected.

In cases when materials fail to meet specifications, the cost of testing shall be borne to the vendor, both on samples and delivered materials.

1.41 AWARD OF CONTRACT

Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The Award of Contract shall obligate the bidder whose bid is accepted to furnish performance and Labor and Material bonds and evidences of insurance, and to execute the Agreement in the form set forth in the Contract Documents. The Contract will require the completion of the work according to the Contract Documents.

If award is made, it will be based on the lowest responsive, responsible bid whose base bid and City selected alternates yields the lowest total Contract price. Selection of any or all alternates shall be at the sole discretion of the City.

1.42 EXECUTION OF CONTRACT

The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving the Contract. Time is of the essence in this regard. After execution by City, one copy of the Agreement shall be returned to Contractor.

The failure to execute the Contract Documents or to furnish the bonds or insurance required by these instructions within ten (10) days after receiving the Contract constitutes a default. In the event of a default, the City may award the Contract to the next lowest bidder or may re- advertise for bids. The City may charge against the defaulting bidder the greater of (1) the amount of the bid bond, or (2) the difference between the amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City for a refund.

1.43 AWARD

The City of Stockton’s Municipal Utilities Department is using the Competitive Sealed Proposals method of source selection as authorized by Section 2000 of the City of Stockton Charter, for this procurement.

The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest. Award(s), if made, will be made to the responsive and responsible Contractor whose proposal is most advantageous to the City. City may, as it deems necessary, conduct discussions with responsive and responsible Contractor determined to be reasonably susceptible to being selected for award for the purpose of clarification to assure full understanding of and responsiveness to solicitation requirements.

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1.44 CHANGES

The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

1.45 OTHER GOVERNMENTAL AGENCIES

If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be li able directly to the successful bidder, holding the City of Stockton harmless.

1.46 PRODUCT OWNERSHIP

Any documents, products or systems resulting from the contract will be the property of the City of Stockton.

1.47 CONFIDENTIALITY

If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure. The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

1.48 PROPOSAL EVALUATION CRITERION

Consideration will be given in comparing proposals and awarding contract(s), not only to the dollar amount of the bids, but also to:

� Kind � Suitability � Warranties � Trade-in � Buy-back agreement � Salvage value � Standardization � Any other criteria as best suits the City of Stockton � Compatibility resulting in the lowest ultimate cost; Best value to the City

*Best value may be defined as selecting the product(s) that provide the most benefit for the lowest life-cycle cost.

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SECTION 2.0 SPECIAL PROVISIONS

2.1 QUALIFICATION OF BIDDERS

The Contractor shall have a minimum of five (5) years’ experience in CCTV inspection. Also, the Contractor shall provide a list of at least three customers who have had similar work complete. The Contractor shall furnish qualified technicians certified by National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) utilizing established PACP coding and observations.

2.2 SITE VISIT

All interested bidders are urged to visit the areas where the services may be performed and familiarize themselves with all conditions that may affect the time or cost of performance. Failure to ascertain such conditions shall not be the basis of any subsequent claim or contract modification. Site visits by appointment may be arranged by contacting:

Lorin Gardner Municipal Utilities Department Engineering Services Manager (209) 937-5428 [email protected]

Prior to performing work under the Contract, the Contractor shall attend a preconstruction meeting with all parties involved in the project. The preconstruction meeting will be held at the City of Stockton’s Municipal Utilities Department at 2500 Navy Drive, Stockton, CA 95206 or at any location designated by the Municipal Utilities Department. After the initial preconstruction meeting, the Contractor shall be expected to attend a daily jobsite coordination meeting with the appropriate City representative to review the work for the day and associated coordination activities. On a weekly basis, the Contractor shall conduct a progress and safety meetings with the said City representative and review all Job Safety Analysis (JSA). No work shall begin until the Contractor completes and submits a daily Safety Pre-Task Planning Form. The Contractor or managing representative shall attend any meeting requested by the City of Stockton within four (4) days.

2.3 CONTINUED USE OF FACILITIES

Some areas involved in this project may continue to be occupied during the contract. Work will be performed in an orderly manner with minimum disturbance and inconvenience to occupants. The Contractor shall confine and limit its personnel to only those areas required in performing the work.

Work accomplished on weekends or legal holidays if requested by Contractor and authorized by a City Project Manager will be perform ed at no additional expense to the City.

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2.4 PROTECTION OF EXISTING FACILITIES

Contractor shall take every precaution to protect all public and private property during the performance of this Contract. Any damages caused by Contractor’s personnel or equipment will be promptly repaired to the condition existing before the damage or be replaced. All such costs for such repairs or replacement shall be the sole responsibility of the Contractor.

2.5 COMPLIANCE WITH OSHA

The Contractor shall be responsible for strict compliance with all requirements of the California Occupational Safety and Health Act (OSHA) which are applicable to the work to be accomplished pursuant to this Contract. OSHA shall be construed to include, but not limited to, all applicable safety order issued by the Division of Industrial Safety, State of California. In the event the Contractor, or any of its employees, shall observe any violation of OSHA in or on the premises on which the Contractor is to perform work pursuant to this Contract, the Contractor shall immediately give written notice to the City of such violation.

2.6 PAYROLL RECORDS

Every Contractor(s) and Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the public project. Such records shall be certified and available for inspection at all California Labor Code Section 1776. The Contractor shall be held responsible for all subcontractors’ compliance with this section.

2.7 CONTRACT PERFORMANCE INSPECTIONS

The City may retain the services of an independent consultant to inspect the pipes covered under this maintenance contract. The City will issue to the Contractor a list of any discrepancies reported by the consultant and the Contractor shall fix the discrepancies within 15 calendar days from the date of issue, unless other completion dates are agreed upon by the City.

Notwithstanding any provision to the contrary herein, City shall have no obligation to give more than two notices of unsatisfactory performance in any calendar year. In the event two such notices of unsatisfactory performance are given in any calendar year, and in the event that Contractor shall again fail to satisfactorily perform services pursuant to this Contract, City may thereupon terminate this contract immediately.

The Contractor and/or surety will be liable and assessed for any and all costs for re- procurement of the contract services.

2.8 SUBMITTALS

The following submittals shall be provided to City within five (5) days of the execution of Contract. Submittals shall be delivered to the attention of the City’s Project Manager. Transmit two (2) copies of each submittal. Allow for ten (10) days for submittal review, excluding delivery time to and from the City’s Project Manager.

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� Copies of NASSCO PACP Certificates � Copies of current California Business License � Copies of current City of Stockton Business License � Completed Vendor Set-up and W-9 forms � Names and mailing addresses of all owners or corporate officers � Name, address and phone number of 24hr emergency contact � Copies of Insurance Policies as outlined in Section 1.10 naming City of Stockton as

additional insured � Performance bonds as outlined in Section 1.14 � Copies of Contractor injury and illness prevention program (IIPP), as required by

California SB198, Sec. 1509. � Sequencing of work for a typical site.

Submittals are intended to provide complete evidence of compliance with these specifications and with applicable codes and regulations.

The following are submittals required on a daily and/or weekly basis. These submittals shall be submitted to the City’s Project Manager.

� Daily submittal of a Job Safety Analysis (JSA) Pre-Task Safety Plan � Daily Hazardous Activity Inspection Checklist � Daily submittal of any Hot Work permits � Daily submittal of Confined Space entry permits � Weekly submittal of completed work orders completed within the previous week, with

completed units based on price schedule.

2.9 SCHEDULING

The Contractor shall schedule work based on the “to be completed by” date on the work orders given to Contractor, so that all work order are completed within this timeframe. When possible, City will provide a three week timeframe for the completion of work orders. Contractor may be called upon to make repairs on an emergency basis which requires immediate attention.

2.10 EXISTING UTILITIES

Prior to any excavation, Contractor shall contact Underground Service Alert (USA) for the identification of other underground utilities within each work area. Contractor is responsible for confirming the location of all utilities prior to excavation. All excavation around utilities shall be performed by hand digging. Contractor is responsible for repair and/or replacement of any damaged utilities caused by the excavation. Contractor shall alert USA a minimum of 48 hours prior to commencing work, except in the case of an emergency. In the event of an emergency, USA will be notified as far in advanced as possible and informed that excavation is an emergency.

2.11 MONITORING AND CONTROL

All control activities are intended to identify, monitor and mitigate noise, odor and dust. Good housekeeping practices shall be used during construc tion at all sites. Appropriate mitigation measures for each type of nuisance discussed below shall be available at all times during the

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project. The purpose of these control activities is to protect the public and onsite personnel. If at any time, City believes that Contractor is not properly mitigating and controlling these nuisances, a stop work order will be issued. Work will not resume until the Contractor has enacted corrective measures to control the nuisances to the satisfaction of the City’s Project Manager and received in writing a notice to resume work. Contractor will not be compensated during work stoppage events.

2.11.1 Noise Monitoring and Control

Noise control activities will identify noise sources, provide requirements for worker hearing protection and provide appropriate noise mitigation measures. Contractor will take all appropriate measures to control excessive noise resulting from Contractor operations.

2.11.2 Odor Monitoring and Control

Odor control activities will identify odor sources, provide worker protection and provide odor mitigation measures.

2.12 SITE ACCESS

During all work activities, site access shall be limited to authorized personnel. City representatives shall have unrestricted access to all work sites for the purpose of monitoring contractor performance.

2.13 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

Contractor shall provide all equipment, supplies and personnel needed for construction activities including, but not limited to portable toilet facilities.

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SECTION 3.0 SPECIFICATIONS

3.1 DEFINITIONS

CITY shall be defined as the City of Stockton

CITY’S PROJECT MANAGER shall be defined as the person designated by the City to act as its agent in the field and on a daily basis on specified matters relating to this Contract. CONTRACTOR shall be defined as the firm replying to this request for competitive bid.

SUB CONTRACTOR shall be defined as any firm the Contractor needs to hire to fulfill all requirements as stated in this RFP.

Work Hours are limited to five (5) days per week between the 0700 and 1900 hours unless authorization is received from the City.

Sanitary Sewer Laterals are pipes of any size that connects a residence or business to the sanitary main sewer. It usually runs from the Y at the main line to the clean out or to the property line.

Sanitary Sewer Mains are pipes of any size where the primary function is to collect wastewater from sanitary sewer laterals and convey to the wastewater treatment facility. These are found running from manhole to manhole, down the length of a street.

Underground facilities shall include all underground structures and facilities.

3.2 DESCRIPTION

The scope of work consists of furnishing all labor, materials, accessories, equipment, tools, transportation, services, technical competence, confined space entries, confined space testing entry equipment as required by OSHA for performing all operations required to professionally execute the internal inspection of sewers in strict accordance with this specification and applicable drawings, and subject to the terms and conditions of the contract.

The CCTV inspection work must be completed by certified National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) trained operator(s) using established PACP coding and observations.

3.3 QUANTITY OF WORK

Quantities given are approximate for the contract’s requirements and the City guarantees no minimum. The City reserves the right to increase or decrease the quantities. Supplier shall not exercise right of allocation during the term of this contract.

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This inspection includes approximately 427,130 ± 85,426 linear feet of pipe as follows:

DIMENSION OF SANITARY PIPE LENGTH (linear feet) 6” 158,020 8” 105,350

10” 25,520 12” 54,840 14” 3,720 15” 8,720 16” 7,770 18” 6,460 20” 1,210 21” 1,460 24” 19,720 27” 7,390 30” 5,190 33” 5,590 36” 7,180 42” 2,490 48” 3,490 54” 540 60” 400 72” 1,410 78” 90 84” 570

3.4 WORK SPECIFICATIONS

3.4.1 Pre Mobilization

Pre-mobilization tasks include the following:

� Mandatory attendance at a preconstruction meeting to be held prior to mobilization � All submittals shall be submitted and approved by City prior to mobilization

3.4.2 Mobilization/Site Preparation

The Mobilization task includes the following:

� C o n t r a c t o r w i l l m o b i l i z e a l l p e r s o n n e l , e q u ip m e n t , s u b c o n t ra c t o r s , a n d

materials needed to the site and prepare the site for work activities � Contractor shall review project area prior to beginning Work and shall verify scope of

work, site constraints, and existing conditions having an impact on the Work. Contractor will contact the appropriate City’ s P r o j e c t M anager, i f Contractor is unclear about work scope or there are other conditions that may impact the Work.

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� Prior to start of work, City shall obtain the necessary encroachment and fire hydrant permits from the City of Stockton, California Water Services Company or other agencies, as required.

� This request is for an on-call Contract. Mobilization costs for each location or group of locations shall be included in the unit price of the bid.

� R eversal fees shall be included in the appropriate bid item.

3.4.3 Traffic Control

Contractor, as required, shall provide traffic control during any activity that impacts any public right of way. Contractor shall comply with Federal Highway Administration’s (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003.

3.4.4 Property Access

During repair/replacement activities, access to private property shall be maintained at all times. For site work that takes more than one day, temporary trench plate or similar excavation bridging devices shall be used to ensure a safe traffic flow (vehicle and pedestrian) and access to the property.

3.4.5 Demobilization

Upon completion of each work order, Contractor shall demobilize all equipment, material and personnel used at the site. All construction related debris generated by the Work (PPE, trash, rubbish, etc.) shall be removed and disposed of at Contractor’s expense.

3.4.6 Health and Safety

Contractor shall be responsible to comply with all health and safety standards according to federal, state and local regulations. The Contractor shall provide a project specific Health and Safety Plan prior to any field work. At minimum, confined space entry shall be conducted in strict accordance with California Code of Regulations, Title 8, Section 5157 and the Contractor shall adhere to all state, federal and City regulations.

Contractor shall provide a Contingency Plan to respond to any problems occurring during or related to field work described herein prior to any field work.

Contractor will attend a pre-job meeting to review Health and Safety Plan, Contingency Plans and response procedures to potential field problems, including retrieval of stuck equipment, prior to commencement of work.

3.4.7 Acceptance of Work

Inspection data that does not conform to the specifications shall be re-recorded in the field at the Contractor’s expense. Viewing video at the work site by the City and/or City’s Project Manager shall not constitute acceptance.

The Contractor shall provide quality assurance inspections prior to submission of all data. This shall include submission of any digital, hard copy, or scanned information. The quality assurance reviewer shall be identified with contact information provided to the City during initial project meeting.

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Hard copy maps will be provided to the Contractor by the City. The Contractor shall add the individual segment survey identification number , correct errors or changes in the system infrastructure, and any other additional field observations to each map. Maps, along with any other hard copy inspection forms, shall be submitted to the City at the time of data delivery.

3.5 WORK AND MATERIALS PROVIDED BY THE CONTRACTOR

GENERAL

The Contractor shall provide all required traffic control, including warning lights and traffic cones, as needed or required in accordance with the “WATCH MANUAL” as well as City required standards.

SEWER INSPECTION

3.5.1 OPERATORS

Video inspection shall be performed by a certified NASSCO PACP trained operator. No bypass pumping, pipeline cleaning, or debris disposal are expected during the course of the project and shall be the responsibility of the City. Contractor may be required to plug sewerlines as part of the CCTV work. The use of floats is limited to: sewerlines greater than or equal to twenty-four (24)-inches in diameter; sewerlines that cannot be mitigated with flow control; and sewerlines conveying wastewater flows at pipeline depths at springline or less.

3.5.2 EQUIPMENT

1. The Contractor’s CCTV equipment shall include video cameras, a video monitor cable,

power sources, and all equipment necessary to perform a CCTV inspection as outlined in these Technical Specifications and in accordance with NASSCO/PACP guidelines.

2. The cameras shall meet Cal-OSHA requirements for operating in the sanitary sewer

environment.

3. The camera shall have Pan-and-Tilt capabilities and shall have a minimum of 360 x 270 degree rotation. The illumination sensitivity shall be three lux or less and provide a minimum of 460 lines of resolution. The focal distance shall be adjustable through a range from (1 inch) to infinity.

4. During CCTV inspection, lighting intensity shall be adjusted to minimize glare. Lighting

and picture quality shall be adjusted to provide a clear, in-focus picture of the entire periphery of the pipeline for all conditions encountered.

5. All camera systems shall be able to navigate around minor objects, roots, and debris.

The system used to move the camera through the pipe shall not obstruct the camera’s view or interfere with proper documentation of the sewer conditions.

6. The camera cable shall be retracted to remove slack as necessary to ensure an

accurate footage reading.

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7. The distance shall be measured between the exit of the start manhole and the entrance of the finish manhole for a true measurement of the length of the pipe segment as required by PACP. It shall be recorded in standard units and the video display readout shall display units to one-tenth of a foot.

8. The cable footage-counter shall be accurate to plus or minus .5 feet per 300 feet.

Calibration shall be done at the beginning of each week and the date of calibration noted on Field 47, (custom field), of the software. The calibration is performed by checking the cable counter against a measured length, (300 feet) of cable.

9. Video inspection and reporting shall be subm itted in a NASSCO-PACP version format

on POSM software. Any software substitution must be fully compatible with POSM. Substitute software must demonstrate flawless integration into POSM. All software will be tested for compatibility with City of St ockton (COS)/Municipal Utilities Department (MUD) systems prior to acceptance.

10. The camera lens shall be kept clear of condensation and debris during the CCTV

inspection. 3.5.3 OBSERVATIONS

1. All observations and defects shall be documented in a database and shall include

digital video recording and digital photographs.

2. Each video clip and photograph provided shall correspond to inspection data in the database and each set of inspection data listed in the database shall be properly linked to the appropriate video clip and photos.

3. All observations shall be selected from a standard table of descriptions incorporated in

the inspection reporting software, as required by PACP. Any additional comments regarding the observation shall be indicated in the remarks box as an MGO.

4. The severity of each defect or observation shall be recorded and rated according to

the PACP method. [POSM will automatically calculate Ratings for reports]

5. All observations shall be recorded using PACP codes as outlined in NASSCO’s PACP Reference Manual, (v 4.4 or later), and in this document.

3.5.4 VIDEO

1. The Contractor shall make a continuous color digital recording, in MPEG 4 format, for

each pipe segment inspected unless specified to do otherwise by COS/MUD.

2. Video files shall have a minimum resolution of 352 x 240 pixels and an interlaced frame rate at a minimum of 24 frames per second.

3. Video inspection will not exceed a traverse rate of 30 feet per minute.

4. The Contractor shall pause the digital recording at any time there is a delay in the

inspection and restart the digital video recording in the same digital file. The pause shall in no way affect, freeze, or interrupt the replay of the video and shall not close the

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video file during the inspection.

5. Each pipe segment (manhole to manhole) shall be identified with an initial text screen(s) and completed in accordance with PACP’s CCTV inspection form header. Instructions for line assignments shall be as follows:

Line Number Description

Field 1: Surveyor Name * Field 2: Certificate Number * Field 3: Owner * City of Stockton Field 4: Customer * MUD Field 5: Drainage Area System # Field 6: PO Number * Field 7: Pipe Segment Reference * Field 8: Date * Field 9: Street /Location * street & address Field 10: City * Field 11: Up-stream MH * Field 12: Rim to Invert (U) Field 13: Grade to Invert (U) Field 14: Rim to Grade (U) Field 15: Down-stream MH * Field 16: Rim to Invert (D) Field 17: Grade to Invert (D) Field 18: Rim to Grade (D) Field 19: Sewer Use Field 20: Direction of Survey * Field 21: Height (Diameter) * Field 22: Width * Field 23: Shape * Field 24: Material * Field 25: Lining Method Field 26: Pipe Joint Length Field 27: Total Length * from map book Field 28: Length Surveyed * from counter Field 29: Year Laid Field 30: Year Renewed Field 31: Flow Control Field 32: Media Label dvd Field 33: Purpose routine assessment Field 34: Sewer Category Field 35: Pre-Cleaning * Field 36: Date Cleaned Field 37: Weather * Field 38: Location Code * Field 39: Additional Info Field 40: Location Details Field 41: Number of Taps Field 42: Number of Roots Field 43: Num Cracks/ Fractures

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Field 44: Number of Broken / Holes / Collapse Field 45: Number of Deposits Field 46: Company Name & Unit # * Field 47: Calibration Date * cable calibration per 2.10 Field 48: Structural Grade (0 -5) Field 49: OM Grade (0 – 5) Field 50: Overall Grade (0 – 5) Field 51: Reverse Setup ID Field 52: Sheet (Group) Number Field 53: Imperial Units (US) Field 54: Pressure Valve Field 55: Work Order Field 56: Project Field 57: Field 58: Field 59: Field 60: Completed * Line items noted with an asterisk (*) are mandatory

Refer to Example # 1 in Reference Section

6. This data must completely match the data entered in the database header information.

7. The initial text screen(s) shall appear no more than 15 seconds at the beginning of the

video footage, and shall appear before the 360 degree pan of the starting manhole.

8. During the CCTV inspection, the video shall display the following running screen text at all times:

Line Number Description Line 1: Upstream manhole Line 2: Downstream manhole Line 3: Date / Time Line 4: Location Line 5: Defect Code and Footage (running total)

Refer to Example # 2 in Reference Section

9. During the CCTV inspection, the camera shall stop at all defects and significant observations to ensure a clear and focused view of the pipe condition and shall rotate the camera head at the defect to allow for adequate evaluation at a later time.

10. All defects and significant observations shall include a text overlay of the recorded

observation.

11. The video recording shall include on-screen observation text for every observation recorded in the database, including AMH.

12. The naming of the video file shall consist of the “COS Line Segment number” and the

eight digit inspection date, as shown in the following example, or as pre-approved by COS/MUD: (COS Line Segment #_YYYYMMDD) (34P0390 34P1070 20100701)

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3.5.5 PHOTOGRAPHS

1. Digital photographs in JPEG format shall be made of all recorded defect observations.

These photographs will be computer generated with the use of the inspection reporting system software.

2. JPEG images shall be captured at a minimum resolution of 640x480 pixels.

3. At a minimum, all photographs shall display the video running screen text as required

in; D. Video, 2.25.

4. Any additional information shall be included after the mandatory information specified above. The naming convention shall be consistent throughout the project.

5. A minimum of TWO photographs of each defect shall be taken. One photo with a

perspective view and one with a close-up view shall be provided.

6. One photograph is required for each lateral connection looking directly at the connection and One each AMH observation from the bottom of the manhole looking up.

3.5.6 ADDITIONAL INSPECTION PROCEDURES

1. A full 360 degree pan of all manholes is required. This video footage shall occur at the beginning of each pipe segment survey inspection from the bottom of the manhole panning up the manhole shaft. The Contractor shall cover the manhole opening to prevent too much light from entering the structure and to ensure a clear and focused view of the manhole interior. In instances when the manhole is the terminating manhole, then the pan shall occur at the end of the pipe segment survey inspection.

2. Video footage shall be taken centered on the pipe with the water level running

horizontally. The camera shall run along the invert of the pipe and not at its side, unless it is passing an obstacle. If extended driving on the side of the pipe is required, either the pipe needs a more thorough cleaning or an observation should be noted from the PACP codes describing the nature of the obstacle.

3.6 SPECIAL CONDITIONS

1. Obstructions may be encountered during the course of the CCTV inspection that

prevents the travel of the camera. In instances when obstructions are not passable, the contractor shall notify the Project Manager for directions to proceed.

2. If a particular line is inspected more than once, then the Contractor shall include all

versions of the inspections in the database. The MGO observation shall be used on all inspections except at the first occurrence. The Contractor shall provide an explanation for the additional inspections in the Remarks section.

3. Electronically locate and mark Grade 5 Repairs .

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4. Reversal fees shall be applicable in instances where CCTV equipment cannot continue in a certain direction, and the direction of work must be altered to facilitate televising the same sewer line

3.7 EXCESSIVE DEPTH OF FLOW

1. Maximum depth of flow for CCTV inspections shall be 30 percent of the pipe diameter.

If the depth of flow is greater, the contractor will notify the Project Manager for further direction. Some CCTV inspection may be required during the low flow periods between the hours of 10:00 p.m. to 6:00 a.m.

2. The Contractor shall pay special attention to all local jurisdiction rules and regulations,

especially regarding activities during off-peak hours.

3. If it becomes necessary to use a flow-controlling mechanism to control the flow in order to proceed with the inspection; in addition to the initial screen and AMH observation, the MGO observation shall be used to note the reason for the return to this l o c a t i o n . The u s e o f f l o w -controlling e q u i p m e n t s h a l l b e i n d i c a t e d i n t h e appropriate box of the “Section Header Information Screen”.

4. The Contractor shall include the original inspection, as well as all the reversals and

resurveys as part of the final submittal.

5. If the Contractor encounters a surcharging manhole (whereas the flow at the upstream manhole is at least 50 percent of the sewer pipe diameter), then the Contractor shall immediately notify the Project Manager.

3.8 SUBMITTALS

The Submittal will consist of:

A hard drive containing the database, video, and photo files for comparison tests to demonstrate compatibility with COS/POSM version.

A printed Report contained in a hardcover, white, 3-ring binder labeled as described in Section 4.6, containing the following information:

Footage calibration report for each camera used. A list of vehicles, cameras and equipment. PACP Certificate copies of all operators.

3.9 DELIVERABLES

1. A Summary Table of all pipeline segments inspected, with the following fields in the

order listed:

Column 1: Date of Inspection Column 2: Start Manhole Column 3: Stop Manhole Column 4: Total Pipe Length (per as-built plan) Column 5: Televised Length

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Column 6: Quick Maintenance Rating (per PACP) Column 7: Quick Structure Rating (per PACP) Column 8: Section Number

Refer to Summary Table example in Reference Section. One hard copy and one electronic copy in Excel format, delivered every Monday, before 9:00 a.m.

(*NOTE: The table shall be sorted by Pipeline Segment number )

2. A Defect Observation Table of each pipeline segment inspected, with the following

fields in the order listed:

Column 1: Pipeline Segment Reference Number Column 2: Position of Defect (footage) Column 3: Observation Code (per PACP) Column 4: Observation Description (per PACP) Column 5: Structural Grade (per PACP) Column 6: O&M Grade (per PACP)

Refer to Observation Table example in Reference Section. One hard copy, delivered every Monday, before 9:00 a.m. 3. Plot Report for each pipeline segment inspected. The report h e a d e r will contain

the following information:

Date / Time Pipeline Reference number Location Upstream MH # Downstream MH # PACP Overall rating Direction of Survey Height (diameter) of Pipe Pipe Material

The plot will be color coded by severity and shall indicate all observations and their position (footage). The Plot Report will be attached to the front of its respective Defect Observation Table.

Refer to Plot Report example in Reference Section. One hard copy, delivered every Monday before 9:00 a.m.

4. As part of the deliverables, the Contractor shall submit all video recordings, Image

files, and databases on an external solid state hard drive with USB 2.0 connection. COS will download hard drives to the COS server on a weekly basis and return them to the contractor the following Monday. Each work unit will need two solid state digital hard drives, rotating the hard drives every other week.

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5. External hard drive(s), binder covers and binder spines shall include the following

information on computer-generated labels:

COS/MUD – Sanitary Sewer Collection Division General Contractor Name (and Sub-contractor Name) PO number (e.g. PO# 123456) Start Date of CCTV Inspections (e.g. MM/DD/YYYY) Finish Date of CCTV Inspections (e.g. MM/DD/YYYY) System #

3.10 REVIEW

1. The video recordings, photographs, and data shall be reviewed by COS/MUD for

focus, lighting, clarity of view, and technical quality.

2. Videos or photographs recorded while a camera has flipped over in the process of traveling or the viewing of laterals, obstructions, or defects are blocked by cables, skids or other equipment will not be accepted.

3. Shape, focus, proper lighting, and clear, distortion-free viewing during the camera

operations shall be maintained. Failure to maintain these conditions may result in the rejection of the video and/or photographs by the COS/MUD.

4. Videos or photographs recorded showing steam, inadequate lighting, or other poor

image quality may be cause for rejection by COS/MUD.

5. Any reach of sewer where recording quality, inspection, and/or reports are not acceptable according to these Technical Specifications, shall be re-televised at no cost to the City of Stockton.

3.11 ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR

1. In the event of any Contractor-related overflow or interruption/backup of customer

service, the Contractor shall immediately notify the City Project Manager and shall contain and eliminate the overflow.

2. The Contractor shall be responsible for any fines levied by others, reimbursement of

any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as a result of the Contractor’s work. This is in addition to any and all costs incurred by the customer.

3. The Contractor shall respect the rights of property owners, and not enter upon private

property without obtaining permission from the owner of the property.

4. For manholes located in easements of private property, the Contractor shall provide the resident with 24-hour advanced notice for easement access prior to entering the property, unless the resident provides immediate permission. Contractor may contact the Project Manager at any time for assistance with access problems.

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SECTION 4.0 GENERAL

4.1 INTENT OF CONTRACT DOCUMENTS

The intent of the Specifications is to describe the details for completion of the Work which the Contractor undertakes to perform in accordance with the terms of the Contract. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner.

4.2 DISCREPANCIES AND OMISSIONS

Any discrepancies or omissions found in the Contract Documents shall be reported to the Project Manager immediately. The Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time.

In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order:

a. Contract

1. Agreement 2. Permits 3. Change Orders

b. General Requirements

c. Supplementary Conditions

d. Instructions to Bidders

e. General Conditions

f. Technical Specifications

4.3 HEADINGS

Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents.

4.4 PENALTY FOR COLLUSION

If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work.

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4.5 SUCCESSORS AND ASSIGNS

The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other and consent of Surety.

4.6 ASSIGNMENT TO CITY

Pursuant to Public Contract Code 7103.5, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

4.7 RIGHTS AND REMEDIES

The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.

No action or failure to act by the City, Engineer, Construction Manager, City Inspector, City Representative, Project Manager or City’s employees shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing.

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SECTION 5.0 ADMINISTRATION

5.1 ADMINISTRATION OF THE CONTRACT

The City's Representative and the Project Manager will provide administration of the Contract as hereinafter discussed. The duties, responsibilities, and limitation of authority of the Project Manager as the representative of the City during the Contract term, as set forth in the Contract Documents, will not be modified or extended without written consent of the City.

In case of the termination of the employment of the Project Manager, the City shall appoint a Project Manager whose status under the Contract Documents shall be that of the former Project Manager, respectively.

5.2 CITY’S REPRESENTATIVE

5.2.1 General

The City's Representative has the authority to act on behalf of the City to implement change orders, progress payments, contract performance decisions, acceptability of the Contractor's work, and early possession.

5.2.2 Change Orders

The City's Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Contractor or as recommended by the Project Manager.

5.2.3 Progress Payments

The City's Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Project Manager.

5.2.4 Contract Performance Decisions

Should the Contractor disagree with the Project Manager's decision with respect to the contract performance, the Contractor may appeal to the City's Representative in accordance with the provisions herein.

5.2.5 Acceptability of Work

The City's Representative has the authority to make the final determination of the acceptability of the Work. The City's Representative also has the authority to accept or reject the Design Consultant's recommendations regarding retention of defective work as provided.

5.3 PROJECT MANAGER

5.3.1 General

The Project Manager is a representative of the City employed to act as advisor and consultant to the City in project matters related to the Contract.

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All instructions to the Contractor and all communications from the Contractor to the City shall be forwarded through the Project Manager. The Project Manager will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City has delegated its authority to the Project Manager to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work under the Contract. The Project Manager shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the Contractor's fulfillment of the Contract and the Contractor's entitlement to compensation. The Contractor shall look initially to the Project Manager in matters relating to the Contract.

The Project Manager's authority to act under Paragraph 5.1 Administration of the Contract , and any decision made by it in good faith either to exercise or not to exercise such authority shall not give rise to any duty or responsibility of the City or Project Manager to the Contractor, any subcontractor, any of their agents or empl oyees, or any other person performing any of the Work.

5.3.2 Representative

The Project Manager may be represented at the Site by a resident project manager or resident engineer who will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.

In accordance with the provisions detailed elsewhere in these General Conditions, the Project Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents.

5.3.3 Inspection of Construction

The Project Manager shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing in accordance with Paragraph 8.3, Defective and Unauthorized Work.

In addition to the resident project manager or resident engineer, the Project Manager may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the Specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work, materials or workmanship to conform to the Contract Documents. The inspector shall have the authority to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Project Manager for decision.

5.3.4 Acceptability of the Work

The Project Manager has the authority to make a recommendation as to the acceptability of the Work.

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5.3.5 Change Orders

The Project Manager has the authority to initiate change orders; to reject change orders proposed by the Contractor; to negotiate and recommend acceptance of change orders; or to order minor changes in the Work at no cost to the City.

5.3.6 Construction Schedule

The Project Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic.

5.3.7 Progress Payments

The Project Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.

5.3.8 Final Payment

The Project Manager, will conduct inspections to determine the dates of substantial completion of the Work and final completion of the Work, and will receive and forward to the City, for the City's review, written warranties, and related documents required by the Contract and assembled by the Contractor.

5.3.9 Early Possession

The Project Manager has the authority to recommend early possession.

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SECTION 6.0 CITY

6.1 GENERAL

The City, acting through the City's Representat ive or the Project Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract.

6.2 ATTENTION TO WORK

The City shall notify the Contractor in writing of the name of the individual designated as the City's Representative and the name of the individual designated by the Project Manager. The Project Manager's designated representative normally will be at the Site of the Work. During the representative's absences, the Contractor may contact a previously designated representative of the Project Manager.

6.3 INSPECTION

In addition to the resident project manager or resident manager or resident engineer, the City may employ one or more inspectors to observe the Work and to act in matters under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Project Manager for its decision.

Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction.

6.4 CITY’S RIGHT TO CARRY OUT WORK

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within 48 hours after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after 48 hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies.

The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or equipment.

In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for the Design Consultant's, the Project Manager's, and City's additional services made necessary by such default, neglect, failure or emergency.

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6.5 CITY’S RIGHT TO USE OR OCCUPY

The City reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the City. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudice the City's rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.

Prior to such occupancy or use, the City and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.

In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, the City shall not make any use which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion.

6.6 CITY’S RIGHTS TO PERFORM WORK AND AWARD SEPARATE CONTRACTS

The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate Contracts in connection with the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents.

When separate Contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement.

The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor.

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SECTION 7.0 CONTRACTOR

7.1 OFFICE

The Contractor's office is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication.

7.2 CONTRACTOR’S REPRESENTATIVE

The Contractor shall notify the City in writing of the names of the persons who will act as the Contractor's representative and his designated alternate, and who shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor’s representative shall be an employee of the Contractor. Upon written request of the Contractor, this employment requirement may be waived by the City. The City's waiver, if granted, will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor's operations. Such waiver may be rescinded by City upon reasonable written notice thereof.

At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated alternate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. If neither the Contractor’s representative nor a designated alternate is at the Project site, the City acting through the Project Manager shall have the authority as provided in Paragraph 9.6, Temporary Suspension of Work , to suspend the work until such a representative is at the Project site.

Before initial work is begun on the Contract, the Contractor shall file with the Project Manager, addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress.

7.3 CONSTRUCTION PROCEDURES

The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work.

7.4 CONTRACTOR’S EMPLOYEES

The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them.

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The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Project Manager to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Project Manager, and such person shall not again be employed on the Project.

7.5 SUBCONTRACTORS

The Contractor shall give their personal attention to the fulfillment of the contract and shall keep the work under his control.

Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City or the Project Manager shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract.

The Contractor shall not employ any subcont ractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Project Manager that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City.

7.6 CONTRACTOR’S EQUIPMENT AND FACILITIES

The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

7.7 PUBLIC SAFETY AND CONVENIENCE

The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public.

7.8 CITY-CONTRACTOR COORDINATION

7.8.1 Service of Notice

Notice, order, direction, request, or other communication given by the Project Manager or City to the Contractor shall be deemed to be well and sufficiently given to the Contractor if

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delivered to the Contractor's Representative designated in Paragraph 7.2, Contractor's Representative , to the Contractor's office designated in Paragraph 7.1, Office , or to the Contractor's address provided in the Bid Proposal.

7.8.2 Suggestions to Contractor

Plans or methods of work suggested by the City or the Project Manager to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City and Project Manager assume no responsibility therefore, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work.

7.8.3 Cooperation

The Contractor shall afford the City and the Project Manager reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents.

If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Project Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate contractor's work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others.

If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors. Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgment or aw ard against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgment or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable.

7.9 PERMITS

Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, S tate, or F ederal agencies to perform work, construct, erect, test, and start-up of any equipment or facility for this Contract. Permits shall be kept on-site. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or file holder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work.

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Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price.

The C o n t r a c t o r sh al l b e r e s p o n s i b l e for s a t i s f y i n g a l l c ode r e q u i r e m e n t s . A n y c o d e i n s p e c t i o n s will be coordinated by the Project Manager. The Contractor shall comply with all construction conditions stipulated in the permits.

The Contractor shall apply for and obtain all safety permits for excavations, c o n f i n e d - e n t r y , tunneling, trenches, construction (building structure, scaffolding, or false work) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500.

The Environmental Quality Act of 1970 (Public Resources Code, Sections 21000 to 21176 incl.) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

In the event that the City has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.

7.10 CONTRACTOR’S RESPONSIBILITIES FOR THE WORK AND MATERIALS

Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether or not arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and proximately caused by acts of the City.

7.11 LAWS TO BE OBSERVED

The Contractor shall keep fully informed of all existing and future County, State, and Federal laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the Project Manager in writing.

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7.11.1 Prevailing Wage

The Contractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Section 1775, the Contractor shall forfeit, as a penalty to the City of Stockton, $25 for each calendar day or portion thereof, for each workman paid less than the prevailing rates as determined by the Director of Industrial Relations for such work or craft in which such workman is employed for any work done under the contract by him or by any subcontractor under him violation of the provisions of the Labor Code and, in particular, Labor Code Section 1770 and 1780, inclusive.

In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less that the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of wage s (which rate includes employer payments for health and welfare, vacation, pension, travel time, and subsistence pay as provided for in Section 1773.8 of said Code, apprenticeship or other training programs authorized by Section 3093 of said code and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workman concerned. These wage rates are set forth in the Division of Industrial Relations publication entitled "General Prevailing Wage Rates", which is part of the contract.

Pursuant to the provisions of Section 1773.2 of the Labor Code (as amended) the general prevailing wage rates for each craft, classification or type of workman are on file at the Municipal Utilities Department, 2500 Navy Drive, Stockton, California. A copy of said wage rates shall be posted by the Contractor in a prominent place at the site of the work.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.

7.11.2 Travel and Subsistence Payments

Attention is directed to the requirements of Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payment to each workman, needed to execute the work, in accordance with the requirements in said Section 1773.8.

7.11.3 Certified Payrolls

In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project.

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The payroll records shall be certified and submitted to the City, and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

a. A certified copy of an employee's payroll record shall be made available for inspection or

furnished to the employee or his or her authorized representative on request.

b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

c. A certified copy of all payroll records shall be made available upon request by the public

in accordance with Section 1776 of the Labor Code.

The Contractor is responsible for its and its subcontractors’ compliance with the provisions of Section 1776 of the Labor Code.

7.11.4 Overtime Requirements

The Contractor shall forfeit, as a penalty to the City, the penalty as provided in the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1- ½ ) times the basic rate of pay as provided for in the Labor Code.

7.11.5 Apprentice and Trainee

Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprent iceship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor.

Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs.

It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this code section when requested by the City.

It is City policy to encourage the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.

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For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code.

7.11.6 Workers' Compensation Insurance

The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00820-2.4, Workers' Compensation Insurance.

7.11.7 Labor Discrimination

Attention is directed to Section 1735 of the Labor Code, which reads as follows:

No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.

Attention is also directed to the requirement in Section 1431 of the Labor Code and Sections 300 and 317 through 323 of Title 8 of the California Administrative Code that the Contractor shall submit his Equal Employment Opportuni ty Program and certification fee to the Fair Employment Practice Commission, in the event that the bid price for the contract exceeds $200,000.

7.11.8 Vehicle Code

Pursuant to the authority contained in Vehicle Code Section 591, the City has determined that within such areas as are within the limits of the project and are open to public traffic, the following requirements of the Vehicle Code will apply: The lighting requirements in Section 25803; the brake requirements in Division 12, Chapter 3; the splash apron requirements in Section 27600; and, when operated on completed or existing treated base, surfacing, pavement or structures, except as otherwise provided in Section 7-1.02, "Weight Limitations," the weight limitation requirements contained in Division 15.

Attention is directed to the statement in said Section 591 that this section shall not relieve him or any person from duty of exercising due care. The Contractor shall take all necessary precautions for safe operations of his equipment and the protection of the public from injury and damage from such equipment.

Any other requirements set forth in Division 11, 12, 13, 14 and 15 of the Vehicle Code which the Department, pursuant to the authority contained in Vehicle Code Section 591, will require compliance with, will be set forth in the special provisions.

7.12 SAFETY

7.12.1 Contractor's Safety Responsibility

The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement

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shall apply continuously and not be limited to norm al working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed.

No provision of the Contract Documents shall act to make the City, the Project Manager or any other party than the Contractor responsible for safety. The Project Manager shall not have authority for safety on the project. The Contractor shall indemnify, defend and hold harmless the City, Project Manager, or other authorized representatives of the City, from and against any and all actions, damages, fines, suits, and losses arising from the Contractor's failure to meet all safety requirements and/or provide a safe work site.

If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Project Manager and the City. In addition, the Contractor must promptly report in writing to the Project Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract.

If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Project Manager, giving full details of the claim.

7.12.2 Safety Program

The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7. Before beginning the Work the Contractor shall prepare and submit to the Project Manager a Contractor Safety Program that provides for the implementation of all of the Contractor's safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its subcontractors and other prime Contractors performing work at the site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on site. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 6401.7. The Contractor shall obtain a copy of the City's Municipal Utilities Department's Injury and Illness Prevention Program and the Safety Manual and incorporate appropriate safety procedures into their Safety Program.

The program shall also address the following:

a. Compliance with Laws, Rules, and Regulations b. Infractions of Safety Rules

1. Reported to Contractor's designated Safety Supervisor 2. Time correction 3. Contractor to enforce safety requirements on its subcontractors

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4. Non-complying employees to be removed from the Project c. Housekeeping

1. Continuous cleaning required 2. Final clean up required

d. Means of Implementing the Program 1. All new employees to receive training on the Contractor's Safety Program prior to

starting work. 2. Periodic tool box meetings with agenda recorded 3. Documented safety inspections by Safety Supervisor 4. Establish emergency procedures and telephone numbers including the procedure for

the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. The Contractor shall maintain at its office or other well-known place at the Site safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured.

5. Project bulletin board with required policies 6. At least two employees on each shift should have First Aid training and maintain a

current First Aid card issued by an agency such as the American Red Cross. 7. Completion of a job hazard analysis for specific construction activities. 8. Establish a hazard communication program for informing the Contractor's and

subcontractor's personnel, Construction Manager, City, and other affected parties of specific hazards on the project.

9. Establish a confined space entry program in accordance with Cal OSHA requirements. e. Define the duties and responsibilities of Contractor management personnel for safety.

1. Project Manager 2. General Superintendent 3. Foreman 4. Safety Supervisor

f. Accident Investigation 1. Investigate all accidents and near misses. 2. Develop steps to prevent a reoccurrence. 3. Completion of all reporting paperwork.

The Contractor's compliance with requirements for safety and/or the Project Manager's review of the Contractor's Safety Program shall not relieve or decrease the liability of the Contractor for safety. The Project Manager's review of the Contractor's Safety Program is only to determine if the above listed elements are included in the program.

7.12.3 Safety Supervisor

The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Project Manager in writing prior to the commencement of work of the name of the person who will act as the Contractor's safety supervisor and furnish the safety supervisor's resume to the Project Manager.

The Contractor will, through and with his Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall include supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor's Safety Supervisor if the representative is

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judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor's sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor perform its work safely.

7.12.4 Safety Coordination Meetings

The Contractor and its affected subcontractors shall attend safety coordination meetings with the Project Manager and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities.

Activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting. The Project Manager will participate in the Safety coordination meetings but will not direct the Contractor on how to perform its safety operations.

7.12.5 Safety and Protection

The Contractor shall take all necessary protection to prevent damage, injury, and loss to:

a. All employees on the Project, employees of all subcontractors, and other persons and

organizations who may be affected thereby;

b. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and

c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,

pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of work.

The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or or ganization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.

7.12.6 Safety Emergencies

In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Project Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

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7.12.7 Safety Violations

Should the Contractor fail to correct an unsafe condition, the Project Manager shall immediately notify the City of the Contractor's failure to correct the unsafe condition. The City shall then notify the Contractor through the Project Manager that the unsafe condition must be corrected or the work in question will be stopped in accordance with Paragraph 9.6, Temporary Suspension of Work until the condition is corrected to the satisfaction of the City. No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Project Manager and City shall not relieve the Contractor of its sole responsibility and liability for safety.

The City shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur.

7.12.8 Equipment Safety Provisions

The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vapor- tight or explosion-proof electrical installation is required by safety codes, this shall be provided. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph.

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SECTION 8.0 CONTROL OF WORK AND MATERIALS

8.1 MEANS AND METHODS

It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance.

Except as provided elsewhere in the Contract Documents, neither the City nor the Project Manager will be responsible for or have control or charge of methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City nor the Project Manager will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees , or any other persons performing any of the Work. Any general control of the Work exercise d by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control.

Neither the inspection by the City or Project Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, Project Manager, or their agents shall operate as a waiver of any provision of the Contract.

Acceptance by the Project Manager, and/or City of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption of risks or liability by the Project Manager or the City, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Project Manager and/or City, has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed.

8.2 CITY FURNISHED MATERIALS

Materials, if furnished by the City, will be made available as designated in the General Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price bid for the Contract item involving such City-furnished material.

Contractor shall inspect and assure itself of the amount and soundness of such materials.

The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor.

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8.3 DEFECTIVE AND UNAUTHORIZED WORK

Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Project Manager.

Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Project Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for.

Upon failure on the part of the Contractor to comply with any order of the Project Manager made under the provisions of this paragraph, the Construction Manager shall have authority to require special inspection and testing to verify if work is defective. Confirmed defective work shall be remedied, or removed and replaced, and unauthorized work be removed. The costs thereof will be deducted from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 6.4, City's Right to Carry Out the Work, shall apply for this paragraph also.

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SECTION 9.0 PROGRESS OF THE WORK

9.1 BEGINNING OF WORK

The Contractor shall begin work within 3 days from task approval from the City of Stockton. The Contractor shall schedule the work based on the “to be completed by” date on the work orders given to Contractor, so that all work order are completed within the timeframe. When possible, City will provide a three week timeframe for completion of work orders. Contractor may be called upon on an emergency basis which requires immediate attention within twenty-four (24) hours.

9.2 TIME OF COMPLETION

Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in work orders. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work.

9.3 DELAYS

9.3.1 Notice of Delays

When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Project Manager in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Project Manager at the time of their occurrence.

9.3.2 Non-excusable Delays

Non-excusable delays in the prosecution of th e Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.

9.3.3 Excusable Delays

Excusable delays in the prosecution or comp letion of the Work shall include delays which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.

9.3.3.1 Abnormal Delays

Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, and freight embargoes, shall be considered as excusable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the

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current critical activity item(s) on the latest favorably reviewed progress schedule.

9.3.3.2 Weather Delays

Should inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five (75) percent of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. The Contractor may be granted a time extension pursuant to Paragraph 9.4.2.c, Weather Delays.

9.3.4 Compensable Delays

Compensable delays in the prosecution or completion of the Work shall include delays that occur through no fault of the Contractor and prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following cause(s):

a. Delays due solely to the actions and/or inactions of the City.

b. Delays due to differing site conditions as defined in Paragraph 10.3, Differing Site

Conditions.

c. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the Work as defined above.

No delay shall be compensable unless the claimed event or occurrence delays completion of the work beyond the contractual completion date or the completion date shown in the accepted initial or updated schedules, and the delay affects a critical activity while such activity is on the critical path.

9.3.5 Concurrent Delays

Concurrent delays are those delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Paragraphs 9.3.2, Non-Excusable Delays, 9.3.3, Excusable Delays, or 9.3.4, Compensable Delays . During such concurrent delay periods, time extensions will be granted in accordance with Paragraph 9.4, Time Extensions ; however, the Contractor shall not be compensated for its overhead costs as defined in Paragraph 9.4.3, Indirect Overhead , and the City shall not assess its actual costs as defined in Paragraph 9.4.1, Non-excusable Delays .

9.4 TIME EXTENSIONS

9.4.1 Non-excusable Delays

The City may grant an extension of time for non-excusable delays if the City deems it is in its best interest. If the City grants an extension of time for non-excusable delays, the Contractor agrees to pay the City's actual costs, including charges for engineering, inspection and administration incurred during the extension.

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9.4.2 Excusable or Compensable Delays

If the Contractor is delayed in the performance of its work as defined in Paragraphs 9.3.3, Excusable Delays , or 9.3.4, Compensable Delays, then the Contract completion date may be extended by the City for such time that, in the City's and Project Manager's determination, the Contractor's completion date will be delayed, provided that the Contractor strictly fulfills the following:

a. The Contractor shall provide notification, in accordance with Paragraph 9.3.1, Notice

of Delays, and submit in writing a request for an extension of time to the Construction Manager stating at a minimum the probable cause of the delay and the number of days being requested.

b. If requested by the Project Manager, the Contractor shall promptly provide sufficient

information to the Project Manager to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work.

c. Weather Delays. The Contractor will be granted a non-compensable time extension for

weather caused delays, pursuant to Paragraph 9.3.3.2, Weather Delays. No time extensions for weather delays will be granted.

Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension.

During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to excusable or compensable delays will be granted only if such delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time.

Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Paragraph 9.5, Liquidated Damages.

9.4.3 Indirect Overhead

The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Paragraph 9.3.4, Compensable Delays. However, no reimbursement for indirect overhead shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph 9.3.5, Concurrent Delays. No reimbursement for indirect overhead as covered in this section shall be made for any time extensions granted for Contract change orders. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 9.4.2, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses.

Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the work following the depletion of the original contract period and any time extensions granted other than compensable time extensions.

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9.4.3.1 Indirect Field Overhead

For those allowable delay periods as defined in Paragraph 9.4.3, Indirect Overhead , the Contractor shall be reimbursed for its indirect field overhead based on:

a. Invoices for all field office equipment.

b. Actual salary for field office staff.

9.4.3.2 Indirect Home Office Overhead

For those allowable delay periods as defined in Paragraph 9.4.3, Indirect Overhead , the Contractor shall be reimbursed for its daily home office overhead based on the following formula:

Contract Bid Price ($) X (0.04) = Daily Home Office Overhead ($/Day) Contract Period (Days)

As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors. The Contractor agrees to indemnify, defend and hold the City harmless for any indirect overhead claims from its subcontractors.

9.5 LIQUIDATED DAMAGES

It is agreed by the parties to the Contract that time is of the essence in the completion of this Work, and that in case all the Work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these Contract Documents, as modified by extensions of time granted by the City, damage will be sustained by the City. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the City in the amount set forth in Paragraph 14.4, DAMAGES FOR DELAYS , per day for each and every day's delay beyond the time prescribed to complete the Work. The Contractor agrees to pay such liquidated damages and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract.

9.6 TEMPORARY SUSPENSION OF WORK

9.6.1 If the Contractor fails to correct defective work as required by Paragraph 8.3, Defective and

Unauthorized Work , or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City's representative or signed personally by an agent specifically so empowered by the City, in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City.

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9.6.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract.

9.6.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the

City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule. The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 9.6.2 above. Such additional work shall be compensated as provided for in Paragraph 10.0, CHANGES IN THE WORK.

9.7 TERMINATION OF CONTRACT

If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the Project Manager, within the time specified in such notice, the City or the City's Representative in such case shall have the authority to terminate the operation of the Contract.

Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising there from over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore.

In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds held by the City. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid.

In addition to the City's rights under this section, if at any time before completion of the work under the Contract, it shall be determined by the City that reasons beyond the control of the parties hereto render it impossible or against the interests of the City to complete the work, or if the work shall be stopped by an injunction of a court of competent jurisdiction or by order of

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any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the work in such manner, sequence, and at such times as the Construction Manager may direct. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the work thus dispensed with, nor any other claim except for the work actually performed up to the time of discontinuance, including any extra work ordered by the Project Manager to be done, nor for any claim for liquidated damages.

The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Paragraph 11.3, Partial Payments , and for materials furnished by the City for use in the work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he has directed.

The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.

When the Engineer determines that the Contractor has completed the work under the contract directed to be completed prior to terminations and such other work as may have been ordered to secure the project for termination, he will recommend that the City Council formally accept the contract, and immediately upon and after such acceptance by the City Council, the Contractor will not be required to perform any further work thereon and shall be relieved of his contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the City Council.

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SECTION 10.0 SCOPE OF WORK - CHANGES IN THE WORK

10.1 CHANGES

The City reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such changes, no matter how many, shall be within the contemplation of this Contract and shall not be the basis for a compensable delay.

Any such changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the authorized City official and/or the City Council.

For contracts approved by the City Council for initial prices under One Hundred Thousand Dollars ($100,000), cumulative change orders which exceed the charter limit ($33,108 as of July 1, 2014 and is adjusted annually on July 1st of each year) require City Council approval. For contracts with initial prices of One Hundred Thousand Dollars ($100,000) or more, cumulative change orders which exceed the charter limit ($33,108 as of July 1, 2014 and is adjusted annually on July 1st of each year) plus ten percent (10%) of the initial contract price over One Hundred Thousand Dollars ($100,000) require City Council approval. Change orders not meeting the above criteria require approval by the authorized City official executing this contract. The dollar amounts of change orders approved by specific City Council action, plus the dollar amounts of any change orders which predate such specific City Council action, shall not be counted in computing the authority limits set forth above for City officials to approve change orders hereunder.

In emergency situations, the authorized City official may issue a change order beyond the authority limits described above in order to:

a. Prevent interruption of the work which would result in a substantial increase in the costs to,

or liability of, City; or

b. Protect the work, equipment, materials to be used in the work, human safety, or the environment at or near the work from substantial and immediate danger or injury; or

c. Protect, where damage or injury has occurred, the work, equipment or materials to be

used in the work, human safety, or the environm ent at or near the site of the work from further or additional damage or injury or deterioration.

The authorized City official shall have the authority to issue change orders in such sums as is reasonably necessary for such emergency purposes. After issuing a change order in an emergency situation described above, the authorized City official shall report such action and the reasons therefore to the City Council in writing not later than its next regularly scheduled meeting or as soon thereafter as is practicable.

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Upon receipt of an approved contract change order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer , the Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In such cases, the Project Manager will, as soon as practicable, issue an approved contract change order for such work and the provisions in Paragraph10.1.1, Procedure and Protest , shall be fully applicable to such subsequently issued contract change order.

When the compensation for an item of work is subject to adjustment under the provisions of Paragraph 10.1, Changes , the Contractor shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

10.1.1 Procedure and Protest

A contract change order approved by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an approved contract change order which he has not executed, he shall submit a written protest to the Engineer within 15 days after the receipt of such approved contract change order. The protest shall state the points of disagreement, and if possible, the contract specification references, quantities, and costs involved. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested approved contract change orders will be considered as executed contract change orders as that term is used in Paragraphs 10.1.2 to 10.1.4 , inclusive.

Where the protest concerning an approved contract change order relates to compensation, the compensation payable for all work specified or required by said contract change order to which such protest relates will be determined as provided in Paragraphs 10.1.2 to 10.1.4, inclusive. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

Where the protest concerning an approved contract change order relates, to the adjustment of contract time for the completion of the work, the time to be allowed therefore will be determined as provided in Paragraph 9.5, Liquidated Damages.

Proposed contract change orders may be presented to the Contractor for his consideration prior to approval by the Engineer. If the Contractor signifies his acceptance of the terms and conditions of such proposed contract change order by executing such documents and if such change order is approved by the City Manager or City Council and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. A contract change order executed by the City Manager or City Council is an executed contract change order as that term is used in Paragraph 10.1.2 to 10.1.4, inclusive. An approved contract change order shall supersede a proposed, but unapproved, contract change order covering the same work.

10.1.2 Changes in Character of Work

If an ordered change in the plans or specification materially changes the character of the work of a contract item from that on which the Contractor based his bid price, and if the change increases or decrease the actual unit cost of such changed item as compared to the actual or

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estimated actual cost of performing the work of said item in accordance with the plans and specification originally applicable thereto, an adjustment in compensation therefore will be made by executed contract change order specifying the compensation payable, in accordance with the following:

The basis of such adjustment in compensation will be the difference between the actual unit cost to perform the work of said item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed.

Failure of the Engineer to recognize a change in character of the work shall not be construed as relieving the Contractor of his duty and responsibility of filing a written notice in accordance with Paragraph 10.5.2.1, Notice.

10.1.3 Extra Work

New, unforeseen work will be classed as extra work when determined by the Engineer that such work is not covered by any of the various items for which there is a bid price or by combinations of such items. In the event portions of such work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of such items, the remaining portion of such work will be classed as extra work. Extra work also includes work specifically designated as extra work in the plans and specifications.

The Contractor shall do such extra work and furnish labor, material, and equipment therefore upon receipt of an approved contract change order or written emergency order of the Engineer, and in the absence of such approved contract change order or written emergency order of the Engineer he shall not be entitled to payment of such extra work.

10.2 CHANGE ORDERS

10.2.1 Without invalidating the Contract and without notice to sureties or insurers, the City through

the Project Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the Project Manager concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and require ments of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Contract Time.

10.2.2 Extra work shall be that work not shown or detailed on the Contract Drawings and not

specified. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Project Manager shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the

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work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Project Manager, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered.

10.3 DIFFERING SITE CONDITIONS

Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Project Manager in writing, of any:

a. Material that the Contractor believes may be material that is hazardous waste, as defined

in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

b. Subsurface or latent physical conditions at the site differing from those indicated.

c. Unknown physical conditions at the site of any unusual nature, differing materially from

those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work the City shall cause to be issued a change order under the procedures provided in Paragraph 10.2, Change Orders.

In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 10.4, Resolution of Disputes.

No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required.

10.4 RESOLUTION OF DISPUTES

10.4.1 Contract Interpretation by the Project Manager

Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Project Manager. Where practical, the Construction Manager shall respond to the Contractor in writing with a decision within ten (10) days of receipt of the request.

At the City’s discretion, the City may deduct from monies due the Contractor, time and expense costs incurred by the City, Construc tion Manager, and Engineer for reviewing and responding to unnecessary RFIs. This may include RFIs submitted to inquire about means, methods, or potential modifications for the Contractor’s convenience.

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10.4.2 Potential Claims/Change Orders

10.4.2.1 Notice

If the Contractor disagrees with the Project Manager's decision in Paragraph 10.4.1, Contract Interpretation by the Construction Manager, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due the Contractor for work or materials not covered in the Contract or which the Project Manager has not recognized as extra work, the Contractor shall notify the Project Manager, in writing, of its intention to make a claim or request a change order. Potential claims or change orders pertaining to decisions provided in Paragraph 10.4.1 or such other determinations by the Project Manager shall be filed in writing to the Project Manager within five (5) days of receipt of such decision. All other potential claim/change order notices shall be filed in writing to the Project Manager prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim/Change Order.” Such Notice of Potential Claim/Change Order shall state the circumstances and the reasons for the claim, but need not state the amount.

Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 9.3, Delays , and 9.4, Time Extensions , are complied with. No claim filed after the date of final payment will be considered.

It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claims and change orders is of great importance to the Project Manager and City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to Marshall Facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Project Manager has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.

10.4.2.2 Records of Disputed Work

In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available each day, to the Project Manager or his designated representative, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services used. Such information shall be submitted to the Project Manager on a weekly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.

It is the intent of this section that these records be provided such that the Project Manager and Contractor can determine and agree upon the Contractor's daily effort expended on the disputed work and determine accurate costs for the disputed work. Such determination shall not be construed as authorization for or acceptance of the disputed work.

10.4.2.3 Submission of Costs

Within 30 days after the last cost of work for which the Contractor contends it is due additional compensation is incurred, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to

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the Project Manager, as best the Contractor is able, its costs incurred for the claimed matter. Claims shall be made in itemized detail and should the Project Manager be dissatisfied with format or detail of presentation, upon request for more or different information, the Contractor will promptly comply, with the satisfaction of the Project Manager. If the additional costs are in any respect not knowable with certainty, they shall be estimated as best can be done.

10.4.2.4 Meetings

From time to time the Project Manager may call a special meeting to discuss outstanding claims and potential change orders should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Project Manager.

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SECTION 11.0 PAYMENT

11.1 SCOPE OF PAYMENT

11.1.1 General

The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefore. Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.

11.1.2 Payment for Patents and Patent Infringement

All fees or claims for any patented invention, article, or arrangement that may be used upon, or in any manner connected with, the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, the Project Manager, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project.

11.1.3 Payment of Taxes

The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefore, and all costs in connection therewith shall be included in the total amount of the Contract price.

11.1.4 Payment for Labor and Materials

The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City.

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11.2 PARTIAL PAYMENTS

In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such work installed on the basis of percentage completion.

Payments will be made by the City to the Contractor on estimates duly certified and approved by Project Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not yet incorporated into the work accompanied by an approved invoice). Payments will not be made for temporary construction unless specifically provided for in the Contract Documents.

Partial payments will be made biweekly based on work accomplished as of a day mutually agreed between the City and the Contractor. Prio r to submitting its payment estimate, the Contractor shall meet with the Project Manager to reach agreement on the percent completion and materials on hand for that payment period.

The Contractor shall submit its estimate of the work completed during the prior month and the work completed to date in a format acceptable to the Project Manager and corresponding to the accepted cost breakdown. Upon receipt of Contractor's requests for payment, the City shall act in accordance with the following:

a. The Project Manager shall review the submitted estimates, as soon as practical after

receipt, for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of the total amount of work done and acceptable materials and equipment on hand.

b. Any request for payment determined not to be a proper payment request suitable for

payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper.

c. The number of days available to the City to make a payment without incurring interest

pursuant to this section shall be reduced by the number of days by which the City exceeds the seven (7) day return requirement set forth in subdivision (b) above.

Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 11.3, Right to Withhold Amounts.

No such estimate or payment shall be required to be made, when in the judgment of the Project Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Project Manager's judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). Additionally, no payments shall be made until the Construction Manager has received an acceptable monthly schedule update covering the latest required period.

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Subject to the provisions of this section, the City shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance with Public Contract Code, if the City fails to pay an undisputed request for payment within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in the Code of Civil Procedure.

11.3 RIGHT TO WITHHOLD AMOUNTS 11.3.1 Retention

N/A

11.3.2 Other Withholds

In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover:

a. Payments which may be past due and payable for just claims against the Contractor or

any subcontractor for labor or materials furnished for the performance of this Contract.

b. Defective work not remedied.

c. Failure of the Contractor to make proper payments to its subcontractors or suppliers.

d. A reasonable doubt that the Contract can be completed for the balance then unpaid.

e. Damage to another Contractor or third party, or to property.

f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current "As-Built" record drawings.

g. The City's costs for the Contractor's failure to complete within the allowed time.

h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's

insurance.

i. Failure of the Contractor to make proper submissions, as herein specified.

j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule.

k. Payments due the City from the Contractor.

l. Reduction of Contract Amount because of modifications.

m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to

clean up.

n. Provisions of law that enable or require the City to withhold such payments in whole or in part.

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When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld.

The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor.

11.4 SUBSTANTIAL COMPLETION

When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Project Manager in writing. Upon receipt of the notification, the Project Manager, the City and/or their authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the Project Manager shall notify the Contractor in writing of such items.

Upon the completion of such corrective work, the Contractor shall so notify the Project Manager in writing. The Project Manager shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the Project Manager shall prepare a Certificate of Substantial Completion. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, commencement of warranties required by the Contract Documents, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate. By such acknowledgement, the Contractor agrees to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punch list within the time period provided in the Certificate of Substantial Completion.

11.5 FINAL INSPECTION AND PAYMENT

Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the Project Manager in writing. Upon receipt of the notification, the Project Manager, the City and/or their authorized representatives will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Project Manager shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Project Manager shall notify the City that the Work, has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 11.2, Partial Payments.

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After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the Project Manager. The letter shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, the Project Manager, and their duly authorized agents, from all claims of and/or liability to the Contract arising by virtue of the Contract related to those amounts.

Following receipt of all required submittals and the Project Manager's written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance.

11.6 WARRANTY OF TITLE

No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon.

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SECTION 12. EXISTING UTILITIES

12.1 GENERAL

Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate notification center, U.S.A., 1-800-642-2444.

12.2 NOTIFICATION AND LOCATION

It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which the Contractor believes may affect or be affected by the Contractor's operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.

12.3 DAMAGE AND PROTECTION

The Contractor shall immediately notify the Project Manager and utility owner of any damage to a utility.

For work within a public right of way or utility easement, the party responsible for the cost of repairing and/or relocating damaged utilities shall be as follows:

Description Responsible Party

a. Utility mains delineated incorrectly Utility Company

on City/Utility Company City’s plans

b. Utility mains delineated correctly on City’s Utility Company plans but information provided incorrectly by utility company

c. Utility mains not shown on City’s plan Utility Company

d. Utility mains incorrectly marked in the Utility Company field by utility company

e. Utility mains incorrectly marked and/or Contractor

delineated on City’s plans

f. Utility service laterals whether indicated Contractor or not indicated on plans and whether correctly or incorrectly shown on City’s plans

12.4 UTILITY RELOCATION AND REARRANGEMENT

The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their

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properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities.

In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Project Manager of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.

Requests for extensions of time arising out of utility rearrangement delays shall be determined by Project Manager. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 12.3, Damage and Protection .

Where it is determined by the Project Manager that the rearrangement of an u n d e r g r o u n d m a i n , t h e e x i s t e n c e o f w h i c h i s n o t s h o w n o n t h e P l a n s , S p e c i f i c a t i o n s , or in the General Requirements, is essential in order to accommodate the contemplated improvement, the Project Manager will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 10.2, Change Orders .

When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.

Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.

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SECTION 13. SUPPLEMENTARY CONDITIONS

13.1 LOCAL EMPLOYMENT

Contractor shall make a good-faith effort, with the assistance of local labor union hiring halls or community organizations designated by the City to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50% of the contractor's total work force, including any subcontractor work force, measured in labor work hours, is comprised of Stockton residents.

Contractor or subcontractor shall make a good faith effort to employ apprentices who are enrolled in and participating in a viable apprenticeship program serving the San Joaquin Valley and approved by the State Department of Apprenticeship Standards. This apprenticeship requirement shall apply for each apprenticeable craft or trade in which the contractor employs workers in performing any of the work under the contract.

If, in response to a written request made at least 48 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required, an apprenticeship program(s) does not dispatch any apprentice or dispatches fewer apprentices than requested to a contractor (that has agreed to employ and train apprentices in accordance with California Labor Code section 1777.5) within 72 hours of such request (excluding Saturdays, Sundays and holidays), that contractor shall be considered in compliance with the apprentice employment requirement for that trade or cr aft for a 90-day period from the request date, provided the contractor employs those apprentices who are dispatched. Where there is more than one viable apprenticeship program for that trade or craft serving the San Joaquin Valley, a contractor, that is not a participant in or an affiliate of an apprenticeship program and receives fewer apprentices dispatched than requested, shall not be considered in compliance with the apprentice employment requirement unless the contractor has made a written request for the dispatch of apprentices from at least two viable apprenticeship programs. A contractor, that is a participant in or an affiliate of an apprenticeship program, shall make dispatch requests to the program in which it is affiliated or participating.

In the event that no viable apprenticeship program exists for a particular craft or trade, the contractor shall be exempt from the requirements of this Section with regard to that craft or trade.

A contractor employing apprentices pursuant to this Section shall employ apprentices in a ratio of not less than one apprentice for each five journeymen in the apprenticeship craft or trade classification that are employed on the public work contract unless to do so would result in apprentice employment in ratios below the minimum ratios prescribed by California Labor Code section 1777.5 in which case apprentice employment shall be at least in the ratios prescribed by California Labor Code section 1777.5.

This Section shall not be construed so as to exempt a contractor from any otherwise applicable requirement imposed upon the contractor by the California Labor Code.

13.2 GOOD FAITH EFFORT

A bidder or contractor who fails to meet the goal of having 50 percent of its work force be residents of Stockton shall, nevertheless, be deemed to have made a "good faith effort" to hire

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sufficient numbers of residents of Stockton if, prior to execution of the contract with the City, six (6) or more of the following employee recruitment activities have been undertaken and documented:

a. Placing a valid job order for existing and projected position vacancies with the local office

of the State Employment Development Department, for no less than 10 consecutive calendar days.

b. Placing a valid job order for existing and projected position vacancies with Worknet of

San Joaquin County, for no less than 10 consecutive calendar days.

c. Advertising existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens' centers.

d. Conducting a job informational meeting to inform the community of employment

opportunities of the contractor, to be held at a City or other public facility (may be combined with other contractors).

e. Providing ongoing assistance to Stockton residents in completing job application forms.

f. Conducting a job application workshop to assist the community in applying and

interviewing for jobs in the contracting industry, to be held at a City or other public facility (may be combined with other contractors).

g. Establishing a job application center located in the City of Stockton, where job

applications may be obtained, delivered to and collected.

h. Conducting job interviews within 10 miles of the location designated for contract performance.

i. Advertising valid existing and projected position vacancies through the local media, such

as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.

j. Telephone solicitation of known potential local subcontractors or employees.

k. Any other means of obtaining employees who are residents of Stockton that are

reasonably calculated to comply with the goals of this ordinance.

13.3 REQUIRED DOCUMENTATION

The contractor shall keep, and provide to the City, on standardized forms acceptable to the City, an accurate record showing the name, place of residence, hours employed and per diem wages and benefits of each person employed by the contractor, and the contractor's subcontractors, on the specific public works project, including full-time, part-time, permanent and temporary employees.

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The contractor shall keep, and provide to the City, on forms acceptable to the City, an accurate record documenting the contractor's good faith efforts to comply with the local resident employment and apprentice employment provisions of this Section. Said records shall include: a listing by name and address of a ll local recruitment sources contacted by the contractor; the date of the local recruitment contact and the identity of the person contacted; the trade and classification and number of employment referrals requested; the number of local residents employed as a result of the contact; and the identity and address of the person(s) employed pursuant to the contact.

13.4 FORMS SUBMITTED UNDER PENALTY OF PERJURY.

All forms required under this Section shall attest to the veracity of the information set forth therein and shall be submitted under penalty of perjury.

13.5 IRRESPONSIBLE BIDDER DECLARATION.

Should any contractor or subcontractor fail to abide by the good-faith local resident employment and apprentice employm ent provisions of this Section, the contractor or subcontractor may be declared by the City to be an irresponsible bidder on future projects pursuant to Section 3.72.010 of this Code.

13.6 BINDING ON SUBCONTRACTORS.

The good-faith local resident employment and apprentice employment provisions of this Section shall bind the contractor both with respect to persons employed directly by the contractor and to all persons employed by the contractor's subcontractors. The contractor shall be responsible for assuring that all subcontractors document said compliance by submitting, and making available to the City, the forms required by this Section.

13.7 DEFINITIONS.

As used in this Section, the following terms shall have the following definitions:

a. "Qualified individual" means an individual who is in a certified state or federally approved

apprenticeship program in an applicable trade or has become a journeyperson in his or her applicable trade.

b. "Contract for public works or improvemen t" means any contract with the City for

construction, alteration, demolition or repair work.

c. "Resident of Stockton" means an indi vidual who has been domiciled, as defined by Section 200(b) of the California Elections Code, within the boundaries of Stockton for at least one year immediately preceding the date of the award of contract by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as a rent/lease agreement, telephone and utility bills or payment receipts, a valid California driver's license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within Stockton. For the purposes of this section, the following Zip Code areas are considered to be within Stockton: 95202, 95203, 95204, 95205, 95206, 95207, 95209, 95210, 95212, 95215 and 95219.

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d. "Viable apprenticeship program" means an apprenticeship program approved by the California Department of Apprenticeship Standards that has graduated apprentices annually for at least the past five years. Any apprenticeship program that has been approved for less than ten years shall be deemed a viable apprenticeship program provided that, following the fifth anniversary of its approval by the California Department of Apprenticeship Standards, it graduates apprentices each subsequent year.

13.8 CONTRACTS - SUBCONTRACTS

Failure of any contractor or subcontractor to comply with any of the requirements of this section shall be deemed a material breach of the contract or subcontract.

All subcontracts shall expressly acknowledge the City's status as a third party beneficiary to that subcontract and further expressly acknowledge that the City, as a third party beneficiary, shall have the right to enforce the provisions of this Section with regard to that subcontract or seek remedies available under this Section should a party to the subcontract fail to comply with any of the provisions of this Section that apply to the subcontract.

Bidders or contractors and subcontractors shall maintain records necessary for monitoring their compliance with this Section.

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SECTION 14.0 SUMMARY OF WORK

14.1 WORK COVERED BY CONTRACT DOCUMENTS

The work shall be performed in accordance with the intent of the Contract Documents as stated in the Contract and these Technical and Special Provisions as provided on a task basis, excluding only the Work indicated or spec ified to be provided by the City or others under separate contract or other arrangement.

14.2 CONTRACT ADMINISTRATION

The following are designated:

14.2.1 Name of Project Manager

Ken Merkle Senior Plant Collections/Maintenance Supervisor Municipal Utilities Department 2500 Navy Drive Stockton, CA 95206 (209) 937-5425

14.2.2 Name of City's Representative

Ba Than Deputy Director of Collections and Maintenance Municipal Utilities Department 2500 Navy Drive Stockton, CA 95206 (209) 937-8792

14.2.3 Engineer Lorin Gardner Engineering Services Manager Municipal Utilities Department

2500 Navy Drive Stockton, CA 95206 (209) 937-5428

14.3 TIME ALLOWED FOR COMPLETION

In accordance with the provisions of Paragraph 9.2, Time of Completion , the project contract shall be effective from the date on the Notice to Proceed for a period of twelve (12) months. Time allowed for each task will be negotiated on a task basis.

14.4 DAMAGES FOR DELAYS

In accordance with the provisions of Paragraph 9.5, Liquidated Damages , for the period of time that any portion of the work remains unfinished after the time fixed for substantial

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completion on a task basis, and for the period of time that any portion of the work remains unfinished after the time fixed for final completion, in the Contract documents, as modified by extensions of time granted by the City, it is understood and agreed by the Contractor and the City that the Contractor shall pay the City One Hundred Dollars ($100.00) per day liquidated damages. Should work remain unfinished after the time fixed for both substantial completion and final completion, the liquidated damages shall remain One Hundred Dollars ($100.00) per day.

14.5 WEATHER DAYS

In accordance with the provisions of Paragraph 9.4.2.c., Weather Delays , an allowance of zero (0) calendar days of weather caused delay is provided.

14.6 WORK UNDER OTHER CONTRACTS

The City’s Utility Facilities are critical facilities that operate twenty-four hours each and every day. During the life of this contract, other contracts may be let to construct, operate, maintain, or repair facilities in and/or around the project sites. The Contractor shall refer to the provisions pertaining to cooperation and coordination elsewhere in these Contract Documents, and shall coordinate with the City to minimize interferences to or caused by other contracts.

14.7 CONTRACTOR'S WORK PERCENTAGE

The minimum portion of the work to be performed by the Contractor's forces shall be fifty-one percent (51%) for this contract.

14.8 UNDERGROUND FACILITIES

The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities.

No additional compensation shall be provided to the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.

14.9 LEGAL AND CITY HOLIDAYS

City office hours are under a modified schedule. The schedule is referred to as a 9/80 schedule, where hours are adjusted so that employees work 80 hours over the course of 9 workdays, rather than 10 days. City offices are closed every other Friday. Hours of service to the public are posted on the City of Stockton web site, along with a City Schedule Calendar that identifies closed Fridays, holidays and furlough dates.

New Year’s Day Martin Luther King's Birthday Lincoln's Birthday President's Day Cesar Chavez Observance Memorial Day Fourth of July Labor Day Columbus Day Veteran's Day Thanksgiving and the Day after Christmas

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REFERENCE

City of Stockton Standard Specifications can be found at: http://www.stocktongov.com/publi cworks/standardspecs/standards.pdf



BID FORMS



A p p e n d i x | I

BID TO BE SUBMITTED

CITY OF STOCKTON CLOSED CIRCUIT TELEVISION INSPECTION OF SANITARY PIPELINES

PROJECT NUMBER M15006

The bidder hereby agrees to furnish the materials listed below in accordance with the specifications and the foregoing Special Instructions for the amount quoted. Quantities stated herein are approximate -- increases or decreases shall depend on Cit y of Stockton requirements and are subject to City fiscal year appropriations.

BID

Item Description Estimated Quantity

Unit Unit Price ($/LF)

Total Price

1. 6” diameter sanitary pipeline 158,020 LinearFeet

2. 8” diameter sanitary pipeline 105,350 LinearFeet

3. 10” diameter sanitary pipeline

25,520 LinearFeet


54,840 LinearFeet


3,720 LinearFeet


8720 LinearFeet


7,770 LinearFeet

8. 18” diameter sanitary pipeline 6,460

LinearFeet


LinearFeet


LinearFeet


LinearFeet


LinearFeet



A p p e n d i x | II


LinearFeet

14. 33” diameter sanitary pipeline 5590

LinearFeet


LinearFeet


LinearFeet


LinearFeet


LinearFeet


LinearFeet


LinearFeet


LinearFeet


LinearFeet

23. Reversal Fee 1,000 Each

TOTAL CONTRACT BID – BID ITEMS 1 THROUGH 23:

PRICE ADJUSTMENTS

This contract shall be awarded to one Contractor on the basis of the above total bid after the appropriate price adjustment costs have been applied over the term of this contract.



A p p e n d i x | III

BIDDERS POLICY STATEMENT (Bidders to complete)

NOTE: The following declaration of policy will be considered as part of this specification and any contract that may be accepted as a result of this bid.

Check here if you have a facility in Stockton, CA

Check here if you have a facility in San Joaquin County

Page 1 of 2



A p p e n d i x | IV

DISCOUNTS

Bidder offers the City of Stockton % discount for payment within fifteen (15) days after delivery and invoice for material. The City of Stockton reserves the right to use for bid evaluations.

Any questions regarding specifications will be directed to Dianne Samples, Senior Buyer, Purchasing Division, in written form to Dianne.Samples@ stocktongov.com

FIRM ADDRESS

CITY, STATE & ZIP CODE

SIGNED BY TITLE

PRINTED NAME

DATE

TELEPHONE NUMBER FACSIMILE NUMBER

NOTE: BIDDERS ARE TO MARK THEIR SEALED BIDS AS FOLLOWED:

A) 2015 CCTV Inspection of Sanitary Pipelines

B) Project Number M15006

C) September 18, 2014

IF YOU DO NOT WISH TO BID, RETURN YOUR BID IMMEDIATELY, STATING REASON.

**PLEASE TYPE**

Page 2 of 2

City of Stockton Municipal Utilities Department 2015 CCTV Inspection of Sanitary Pipelines


A p p e n d i x | V

BIDDER’S AGREEMENT

In submitting this bid, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.

2. They have reviewed and understand all clarifications/questions/answers on the City’s website at

http://www.stocktongov.com/bidfl ash/main

3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.

4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of

Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.

5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual,

corporate or partnership. Must be “A Jurat” notarization.

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

E-MAIL ADDRESS

NOTE: Bids are invalid which are unsigned, or not accompanied a bid guaranty in an amount not less than ten percent [10%] of the total bid dollar amount in the form of a certified/cashier’s check or bid guaranty bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be mailed or delivered to:

OFFICE OF THE CITY CLERK

FIRST FLOOR, CITY HALL 425 NORTH EL DORADO STREET

STOCKTON, CALIFORNIA 95202-1997

On or before 2:00 p.m. September 18, 2014 , and publicly opened immediately thereafter in the City Council Chambers.

SPECIAL NOTE: U.P.S. OR OTHER SPECIAL HANDLING SERVICES DO NOT DELIVER DIRECTLY

TO THE CITY CLERK’S OFFICE. BIDDERS ARE ADVISED THAT IF A SPECIAL HANDLING SERVICE IS USED, BIDS MAY NOT REACH THE CITY CLERK’S OFFICE IN TIME FOR BID OPENING AND WILL BE REJECTED AND RETURNED TO BIDDER.

A p p e n d i x | VI

Request for Competitive Bid City of Stockton, Municipal Utilities Department Project Number M15006 2015 CCTV Inspection of Sanitary Pipelines

NON-COLLUSION AFFIDAVIT

No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT

STATE OF CALIFORNIA, ss. County of

(insert) being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or indu ced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Individual Bidder)

Subscribed and sworn to (or affirmed) before me on this day of , 20

by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature

No. 2 AFFIDAVIT FOR CORPORATION PROPONENT

STATE OF CALIFORNIA, )ss. County of )

(insert)

being first duly sworn, deposes and says: That they are the of a corporation, which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or shou ld refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Corporation Bidder)

Subscribed and sworn to (or affirmed) before me on this day of , 20

by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature

No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP

STATE OF CALIFORNIA, )ss. County of )

(insert)

, each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership,

designated as who is the party making the foregoing bid; that the other partner, or partners, are

that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature)

(Signature)

Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature


City of Stockton, Municipal Utilities Department 2015 CCTV Inspection of Sanitary Pipelines

A p p e n d i x | VII

CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that they are competent, knowledgeable, and possess the necessary skills to provide closed circuit television inspection services; and are aware of the nature, extent and inherent conditions of the work to be performed. Bidder further certifies that they are regularly engaged in the general class and type of work called for in the Contract Documents. Bidder further acknowledges that there are certain peculiar and inherent conditions that exist in particular facilities which may be unusual, unsafe, or hazardous to persons or property. Bidder expressly acknowledges that he/she is aware of such peculiar risks and hazards and will adopt every protective measure necessary to adequately and safely perform the work.

The Bidder represents that they have performed and satisfactorily completed at least three (3) similar projects within the last five (5) years .

The Bidder shall provide three (3) projects as references in the spaces provided.

PROJECT #1

Name of Project:

Name of Agency:

Agency Contact: Telephone No. ( )

Address: ____________

Contract Amount: $ Duration of Project:

Diameter and Length of pipe:

PROJECT #2

Name of Project:

Name of Agency:


Address: ____________





A p p e n d i x | VIII

PROJECT #3

Name of Project:

Name of Agency:


Address: ____________



BIDDER:

(Signature)



A p p e n d i x | IX

SAMPLE CONTRACT

AGREEMENT FOR 2015 CCTV INSPECTION SERVICES OF SANITARY PIPELINES

(PROJECT NO. M15006)

THIS AGREEMENT FOR SEWER PIPE CLEANING SERVICES ("Agreement") is made ________________, 20_ __, between ______ __________________ ("Contractor"), whose address is _______________________ _, and telephone number is ______________ and the City of Stockton, a municipal corporation ("City").

In consideration of the mutual promises set forth in this Agreement, the parties agree as follows:

1. Services to be performed. Contractor shall perform the services as set forth on the attached Exhibit A incorporated herein by reference. Contractor shall begin performing the services on and the term of this Agreement shall be for one (1) year, provided, however, City, at its sole discretion, may extend this Agreement for two additional one year terms.

2. Compensation. For the services under this Agreement, City shall pay Contractor as set forth in Exhibit B incorporated herein by reference

3. Method of Payment. City shall pay Contractor within 45 days from the date of the Contractor’s invoices. Contractor shall submit monthly invoices, monthly percentage of up-time, certified payroll, and must include the purchase order number. All invoices without a purchase order number will be returned to the Contractor without payment.

4. Indemnification. Contractor agrees to indemnify, save, hold harmless, and at City's request, defend the City, its officers, agents, and employees from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to the City in connection with the performance, or failure to perform, by Contractor, its officers, agents, sub-contractors, employees, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable under this Agreement, and from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.

5. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage set forth on the attached Exhibit C and shall otherwise comply with the provisions of Exhibit C.

6. Business License. Prior to its execution of this Agreement, Contractor shall obtain a City business license.

7. Audit. City reserves the right to periodically audit all charges for good and services provided by Contractor.

8. Ownership of Data Collected. All data collected by the project shall be the property of the City.



A p p e n d i x | X

9. Changes to the Agreement. This Agreement may not be modified except in writing by both parties.

10.Applicable Law. This Agreement shall be govern ed by the laws of the State of California and venue for any action brought in state court shall be in the Superior Court, County of San Joaquin, Stockton Branch or, for actions brought in federal court, the United States District Court for the Eastern District of California, Sacramento Division.

11. Non-Assignability. C ontractor shall not assign or transfer this Agreement or any interest or obligation in this Agreement without the prior written consent of the City and then only upon such terms and conditions as City may set forth in writing.

12. Notices. All notices herein required shall be in writing and shall be sent certified or registered mail, postage prepaid, addressed as follows:

To Contractor: To City: City Manager

City of Stockton

425 N. El Dorado St.

Stockton, CA 95202

13. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State and Municipal laws, rules and ordinances. Contractor shall not discriminate in the employment of persons or in providing services under this Agreement on the basis of any legally protected classification including race, color, national origin, sex or religion of such person.

14. Miscellaneous Provisions.

a. City may terminate this Agreement at any time, including because City has not appropriated funds for the goods/services, with 30 days written notice by mailing such notice to Contractor at the address first stated above. Contractor shall be paid for that portion of goods provided / services provided through the date of the termination.

b. Contractor shall not assign or transfer this Agreement.

c. In the performance of this Agreement, Contractor, its employees and agents shall have the status of an independent contractor and not as an employee of the City for any purpose.

d. If either City or Contractor waives a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement.

e. Any professional certifications or licenses that may be required by federal, state or local law, regulations or ordinances will be at the sole cost and responsibility of Contractor and during the term of this Agreement Contractor must hold and be in good standing with all such licensing requirements.

f. Contractor shall not subcontract any of the work to be performed under the terms of this contract.

g. It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.



A p p e n d i x | XI

h. This Agreement constitutes the entire understanding of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF STOCKTON CONTRACTOR

By: __________________________

Kurt O. Wilson Signature

City Manager

__________________________

Print name

ATTEST:

Title: ______________________

__________________ __________ [If Contractor is a corporation, signatures must

Bonnie Paige comply with Corporations Code §313]

City Clerk, CMC

APPROVED AS TO FORM:

By: __________________________

Signature

__________________ _________

John Luebberke __________________________

City Attorney Print name

Title: __________________________



A p p e n d i x | XII

SAMPLE

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

That we, Vendor/Contractor Name, a corporation, as Principal and Name of Insurance Company, a

corporation, organized and existing under the laws of the State of State and duly authorized to transact business

under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a

municipal corporation, duly created and existing under and by virtue of the laws of t he State of California, as

obligee, in the just and full sum of CONTRACT AMOUNT AND NO/100 DOLLARS ($Contract Amount), in lawful

money of the United States of America (being 100% of the contract price) for the payment whereof well and truly

to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly

and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously

entered into a contract with the CITY, to do and perform the following work, to wit:

2015 CCTV INSPECTION SERVICES FOR SANITARY PIPELINES

(PROJECT NO. M15006)

NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its

subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation

to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of

said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY,

and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on

this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of

Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

VENDOR/CONTRACTOR NAME a corporation

APPROVED AS TO SURETY: By

"PRINCIPAL"

APPROVED AS TO FORM: JOHN LUEBBERKE OFFICE OF THE CITY ATTORNEY

SURETY

By

ATTORNEY-IN-FACT By

CITY ATTORNEY



A p p e n d i x | XIII

SAMPLE

BOND FOR LABOR AND MATERIAL

KNOW ALL MEN BY THESE PRESENTS:

That we, Vendor/Contractor Name, a corporation, as Principal and Name of Insurance Company,

corporation, organized and existing under the laws of the State of State and duly authorized to transact business

under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a

municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and

unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions,

provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed

or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or

hiring teams, or implements of machinery, for or contri buting to said work and all persons who perform work or

labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid

by the contractor, company or corporation in the just and full sum of CONTRACT AMOUNT AND NO/100

DOLLARS ($Contract Amount), in lawful money of the United States of America (being 100% of the contract

price) for the payment whereof well and truly to be made to said City of Stockton and to said persons jointly and

severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly

by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously

entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

2015 CCTV INSPECTION SERVICES FOR SANITARY PIPELINES (PROJECT NO. M15006)

NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its

subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or

about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the

Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that

any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the

provisions of Division 3, Part 4, Title 15, Chapter 5, Articl e 1 of the Civil Code of Califor nia, provided that in case

suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in

said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.



A p p e n d i x | XIV

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of

said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and

no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this

bond, and consent to make such alterations without further notice to or consent by any such surety is hereby

given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State

of California.

SIGNED AND SEALED on .

VENDOR/CONTRACTOR NAME a corporation

APPROVED AS TO SURETY: By

"PRINCIPAL"

APPROVED AS TO FORM & CONTENT:

JOHN LUEBBERKE OFFICE OF THE CITY ATTORNEY

SURETY

By ATTORNEY-IN-FACT

By

CITY ATTORNEY

A p p e n d i x | XV

REFERENCES



A p p e n d i x | XVI

EXAMPLE 1 SECTION 3.5.4 VIDEO ITEM 5

1. PROJECT INFORMATION

2. CUSTOM



A p p e n d i x | XVII

======

Width

3. MANHOLE

Pr oject lntormatiol l

UpstreamMH

Rim to Invert (U)

M8nhole I

StarttD I

Grade to Invert (U) ---====================

Rim to Grade (U)

Downstream MH

Rim to Invert (D)

Gradetolnvert(D) ====================

Rim to Grade (D)

Sewer Use ================::.... Direction of Survey I

Sel ect Template : I Na ssc o Pacp

EndiO

,

ancel Seuion

Edit .Quci k Fill All

Save Info rmation and Return to Intra

4. PIPE

Pr oject lntornati on

Hegi ht (Diameter )

Pipe

Shape --==============- - , Material

Lining Method

Pipe Joint Length ========== ----=

Total Length

Length Surveyed ::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ::::::

Year Laid

Year Renewed

Select Templo.te: I Na ssco Pa cp

.c_ancel Session

Edit Q.ulck Fill AI

Save lnfonnatol n and Return to lntro



A p p e n d i x | XVIII

5. PACP 6

6. MISC



A p p e n d i x | XIX

EXAMPLE 2

SECTION 3.5.4 VIDEO ITEM 8



A p p e n d i x | XX

SUMMARY TABLE EXAMPLE

SECTION 3.9 DELIVERABLES ITEM1

CITY OF STOCKTON MUNICIPAL U T I L I T I E S

Project Information Surveyor Name Ralph Handel Certificate Number U-1009-9513 Owner City Of Stockton Customer M.U.D. Drainage Area PO Number Pi pe Segment

33J0200_33J0450 Date 5/25/20 I0 09:29 Reference Street freemont2104 W. City City of Stockton Comments

Manhole Upstream MH 33J020 Rim to Invert (U) 4.3 Grade to I nvert (U) Rim to Grade (U) Downstream MH 33J045 Rim to Invert (D) 5.3 Grade to I nvert (D) Rim to Grade (D) Sewer Use Sanitary Direction of Survey Upstream

Pipe Height (Diameter) 6 Width Shape Circular Material Vitrified Cl ay Pipe Lining Method Pipe Joint Length 4 Total Length 402.8 Length Surveyed 341.6 Year Laid Year Renewed

Mise Flow Control Not Controlled Media Label dvd Purpose Routni e Assessment Sewer Category cPre-Cleaning Jetting Date Cl eaned 4/2/2010 13:09 Weather Dry Locat i on Code Light Highway Addi tionalI nfo freemont 2104 W. Location Details after repair

Number of Taps 8

Num Cracks I Fractures 14

Number of Deposits 0

http://posm-

Custom Number of Roots 2 Number of Broken I Holes I 2 Collapse

Custom6

Custom7 O I/POSM/GISRepons/Grouplndex - 33J0200_33J0450-6152010- Struct Grade 15271 /lndex.html

OM Grade Overall Grade

Pacp 6

Reverse Setup I D

Imperial Units (US) Tme Work Order

Sheet (Group) Number Pressure Value Project south monthlys Compl eted Yes

Created with the report generator



A p p e n d i x | XXI

OBSERVATION TABLE EXAMPLE


Nassco C.C.T.V. Defect Code Information Grad Structural O&M Overall

5 1 0 0 1 04 0 8 83 0 3 32 1 0 2 1 21 1 0 I I I

Overall 30 14 44Nu mber of 1 7 5 22

Pi pe Rat i ng 5225 4231 5242 Pipe Ra t i ngs 2 3 2

Nassco C.C.T.V. Defect Code Information

Distance

Video

Ref

Code Cont

Defect

Value Joint

Ci rcum ferentialLocation

Dimension% At I

From To I st 2nd

0 27 AMH- Manhole 0 033J045

0 36 MWL - Water Level 0 15II 95 TFC - Tap Factory Capped 4 0 0 1 2

189.5 566 MMC- Material Change 0 0 i>vc

191.5 602 MMC - Materia l Change 0 0clay

198.4 642 TFC - Tap Fa ctory Capped 4 0 0 9

201 683 FC - Fractu re Circumferentia l

0 0 X 8 I

205.8 734 BVV- Broken Void Visible 0 0 X 2 5205.8 756 MGP - General Photo 0 0

void 213.6 802 CC - Crack Circumferentia l 0 0 6 5

21 7.7 820 FC - Fracture Circumferential

0 0 X 6 9

223 853 CC - Crack Circumferential 0 0 X 8 7227. 1 871 CC - Crack Circumferential 0 0 X 1 2 3232.9 946 MMC- Materia l Change 0 0

pvc 233.7 965 TF - Tap Factor y 4 0 0 10 234.8 1007 MMC - Materia l Change 0 0

cla y 236.7 1021 MCU - Camera U nderwater SO! 0 0 243.8 1080 MCU - Camera Underwater FOI 0 0 255.8 111 8 T F - Tap Factory 4 0 0 9 273.4 1172 TF - Tap Factory 4 0 0 3

280.3 1 2 1 2 FC - Fracture Circumferential

0 0 X I 6

286.3 1259 TF- Tap Factory 4 0 0 1 2



A p p e n d i x | XXII

286.3 1 278 BVV - Broken Void Visible 0 0 X 1 0 2 293.4 1 329 TFC - Tap Factory Capped 4 0 0 9

297.3

1 355 FC - Fracture

Circumferential

0

0 X 4

8

300.3 1 382 JOM -Join t Offset Medium 0 0 302.1 1409 TF- Tap Factory 4 0 0 12 304.6 1 430 CC - Crack Circumferen tial 0 0 7 2 308.9 1455 CC - Crack Circumferent ial 0 0 X 5 I

318.6 1496 CC - Crack Circumferential 0 0 X 4 8 324.6 1 539 CC- Crack Ci rcumferenti al 0 0 X 9 3 324.7 1 552 RF1 - Roots Fine Joint 0 0 X 9 3 327.9 1582 CC - Crack Ci rcumferential 0 0 X 2 I333.5 1 607 CC- Crack Ci rcumf erential 0 0 X 4 8

337.9

1 632 FC - Fracture

Circumferenti a l 0 0 X

12

1

341 1 828 OBZ - Obstacle Other 0 5 2 6341 1 885 MSA - Abandoned Survey 0 0

obstacle 341.6 1 669 RMJ - Roots Medium Joint 0 1 0 X I 3

Created with the '{{; report generator



A p p e n d i x | XXIII

PLOT REPORT EXAMPLE


Project: south monthlys Date: 5/25/2010 9:29:00 AM

Street : freemont 2104 W. Length Surveyed: 341.6 Pacp Quick Overall Rating: 5242 Height (Diameter): 6

Pipe Segment Reference: 33J0200_33J0450 Upstream MH: 33J020 Downstream MH: 33J045 Direction of Survey: Upstream Material: Vitrified Clay Pipe

10 Number: 33J045

(0.0) AMH - Manhole Remark: 33J045

(O.D) MWL - Water Level

(11.0) TFC - TaQ Facto Capped - Position: 12

(189.5 MMC - Materia l Change Remark: QVC

(191.5) MMC- Materia l Change Remark : clay

(201.0) FC - Fracture Circumferential - Positioo: 8 To 1

(205.8) MGP - General Photo Remark : void

(227. 1) CC - Crack Circumferentia l - Position: j2_Lo_3

(232.9) MMC - Material Change Remark: pvc

34.8) MMC- Material Change Remark: cia

(236.7) MCU - Camera Underwater - Cant Def: S01

(243.8) MCU - Camera Underw ater - Cant Def: F01

(213.6) CC - Crack Circumferentia l - Positi on:

6To5 (217.7) FC- Fracture Circumferential-

Position: 6 To 9 (223.0) CC - Crack Circumferential - Position:

8 To 7

(233.7) TF- Tap Factory- Position: 10

(255. 8) TF - Tap Factory- Position: 9



A p p e n d i x | XXIV

(273.4) TF - Tap Factory- Position:_3

280.3) FC - Fracture Circumferential - Position: 1 To 6

(286.3) TF- Tap Factory:- Position: 12

(297.3) FC- Fracture Circumferential- Position: 4 To 8

(300.3) JOM -Joint Offset Medium

@02.1) TF - Tap Facto -Position: 12

(308.9) CC - Crack Circumferential- Position: 5 To 1

(318.6) CC- Crack Circumt_ee_"r,n-!.t.i.a, I_-..L.>!""""-" 4 To 8

327.9 CC- Crack Circumferential- Position: 2 To 1

333.5)_CC - Crack Circumferential - Position: 4 To8

(337.9) FC- Fracture Circumferential - Position: 12 To 1

(341.0) OBZ - Obstacle Other- Position: 2 To §

(341.0) MSA- Abandoned Survey Remark : obstacle

(341.6) RMJ - Roots Medium Joint - Position: 1 To 3

Total Distance: 341.6

Created with the -<(!

(286.3) BVV- Broken Void Visible - Positioo: 10 To 2

{293.4) TFC - Tap Facto Ca ed -Position:

(324. 6) CC - Crack Circumferentia l - Position: 9 To 3

-'=:..!-'-'-1-!R-=F_J,..'----_,R_ oots Fine Joint - Position: 9 To 3

ID Number: 33J020

s report generator



A p p e n d i x | XXV

LOCAL EMPLOYMENT ORDINANCE COMPLIANCE DOCMENTATION

Final Report

for

PROJECT_NAME PROJECT NO. Project #

CITY OF STOCKTON MUNICIPAL UTILITIES DEPARTMENT

Notice to Proceed:

Date:



A p p e n d i x | XXVI

GENERAL INFORMATION

This page shall be completed by the Bidder and every subcontractor.

Project Name:

Project Number:

Contract Date:

Contractor:

Address:

City: STATE: ZIP:

Phone: ( )

Type of Contractor’s License(s):



A p p e n d i x | XXVII

SUMMARY SHEET FOR LOCAL RESIDENT PARTICIPATION List

the actual number of hours performed in Table 1

TABLE 1

ITEM

DESCRIPTION HOURS TO

DATE A Total number of hours performed at the jobsite B Qualifying number of labor hours performed at the jobsite C Qualifying number of supervision hours performed at the jobsite D Qualifying number of office hours performed at the jobsite

Qualifying hours are defined as hours performed by Local Residents.

Percent local participation (B + C + D) X 100 = A



A p p e n d i x | XXVIII

Trade/ Classification

Number of Journeymen

Number of Apprentices

SUMMARY SHEET FOR APPRENTICESHIP REQUIREMENT

TABLE 2



A p p e n d i x | XXIX

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE

TABLE 3

Employee Name *

Zip Code of Residence

Local

Resident Yes / No

Meet one year

Residency Requirement

Yes / No

Hours

Employed

Base

Hourly Pay

Total Hourly

Pay

If apprentice, please indicate with an asterisk (*)

Please provide supporting documentation for proof of residence and one year residency requirement.



A p p e n d i x | XXX

GOOD FAITH EFFORT DOCUMENTATION

CITY OF STOCKTON MUNICIPAL UTILITIES DEPARTMENT

Please check all boxes that apply:

Placed a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.

Placed a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days.

Advertised existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens’ centers.

Conducted a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City facility (may be combined with other contractors).

Provided ongoing assistance to Stockton residents in completing job application forms.

Conducted a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City facility (may be combined with other contractors).

Established a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.

Conducted job interviews within 10 miles of the location designated for contract performance.

Advertised valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.

Telephone solicitation of known potential local subcontractors or employees.

Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance.

Please provide supporting documentation for all boxes checked.



A p p e n d i x | XXXI

I declare the above information is true and accurate and submitted under penalty of perjury.

By my signature below, I acknowledge that I have met the requirements of the City of Stockton’s Local Employment Ordinance.

I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon a finding of non-compliance with the Local Employment Ordinance Provisions, I may be declared by the City to be an irresponsible bidder on future projects.

Owner/Authorized Representative (Signature) Name of Firm

Name and Title (Print) Date